Vijay Vellaisamy @ Vijay Vellaichamy v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/07/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Vijay Vellaisamy @ Vijay Vellaichamy, aged 27 years S/o.Venmudiraja @ Selva Venmudiraja ..Petitioner/ Accused No.1 Vs State of Tamil Nadu Rep by the Inspector of Police, Dindigul Town West Police Station, Dindigul District.

(Crime No.230 of 2025) ... Respondent/Complainant For Petitioner : Mr.M.Karthick Advocate.

For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.230 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner /Accused No.1, who was arrested and remanded to judicial custody on 21.05.2025 for the offences punishable under Sections 126(2), 127(2), 309 1/6

(4), 309(6), 311, 351(3) of BNS 2023, in Crime No.230 of 2025 on the file of the respondent police, seeks bail,

2. The case of the prosecution is that on 20.05.2025 at about 07.00 hours, while the defacto complainant was standing near the Muthalagupatti Branch Road, the accused persons suddenly came in front of the defacto complainant with knife, he extorted cash of Rs.1,200/- from his shift pocket and also attacked the defacto complainant with long sword and caused injuries. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that co-accused A2 and A3 have been granted bail by the Principal District Judge, Dindigul dated 18.06.2025 and 24.06.2025 respectively. He would further submit that the petitioner is in custody from 21.05.2025. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that A2 and A3 have been granted bail by the Principal District Court, Dindigual and the injured person has been discharged from the hospital. He would further submit that there are 18 previous cases pending against the petitioner and he is a history sheeter. 2/6

He would further submit that the investigation is almost completed. However, he objected to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also the fact that the investigation has been almost completed and co-accused have already been granted bail by the trial Court and also taking into consideration of the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate No.1, Dindigul, and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] The petitioner shall furnish his residential address and mobile number to the Judicial Magistrate No.1, Dindigul. 3/6

(c)If the petitioner changes his residential address, he shall report the same to the Judicial Magistrate No.1, Dindigul. [d] the petitioner shall report before the respondent police daily at 10.30 a.m.,and 05.30 p.m., until further orders. [e] the petitioner shall not abscond either during investigation or trial.

[f] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[g] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. 4/6

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/- 07/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

MSRM TO

1. THE JUDICIAL MAGISTRATE NO.1, DINDIGUL.

2.THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL.

3.THE OFFICER INCHARGE, DISTRICT PRISON, DINDIGUL.

4. THE INSPECTOR OF POLICE, DINDIGUL TOWN WEST POLICE STATION, DINDIGUL DISTRICT.

5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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+1 CC to M/s.M.KARTHICK, Advocate ( SR-7237[I] dated 08/07/2025 )

ORDER

IN CRL OP(MD) No.11328 of 2025 Date :07/07/2025 PR/08.07 .2025 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6