Vetrivel v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Vetrivel, S/o.Muthukumar, ..Petitioner/ Accused No.1 Vs The State of Tamilnadu rep.by The Inspector of Police, Sivagangai Town Police Station, Sivagangai District.

(Crime No.255 of 2025) .. Respondent/Complainant For Petitioner : Mr.R.Balamuruganantham 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.255 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Accused No.1, who was arrested and remanded to judicial custody on 26.04.2025 for the offences punishable under Sections 296(b), 115(2), 118 1/5

(1), 351(3) of BNS Act, and 25(1A) of Arms Act in Crime No.255 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 25.04.2025 at about 06.00p.m. the defactocomplainant went to mechanic shop near Kamarajar colony to repair his father's bike and he went to nearby petty shop to bring water bottle, at that time, the accused persons were on drunken mode abused, attacked the defacto-complainant and thrown sword on the defacto-complainant. Hence, the case.

3. The learned counsel for the petitioner would submit that there are totally three accused, this petitioner was arrayed as Accused No.1. This petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The petitioner is ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 26.04.2025, nearly 89 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that the accused persons were abused the defacto-complainant with filthy language and assaulted him and thrown stone and sword towards him. He sustained simple 2/5

injury and admitted in hospital and after two days he was discharged from hospital. In this case, weapons were recovered by the respondent police, the other co-accused are still in judicial custody. This petitioner is having three previous cases. Hence, he objected to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that in this case, injured person was discharged from hospital, the weapons were recovered by the respondent police, the petitioner/accused No.1 is in judicial custody from 26.04.2025, taking into consideration of the period of incarceration, 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 learned Judicial Magistrate Court No.1, Sivagangai, Sivagangai District 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.

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[b] The petitioner shall furnish his residential address and contact number to the learned Judicial Magistrate Court No.1, Sivagangai, Sivagangai District. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate Court No.1, Sivagangai, Sivagangai District; [c] the petitioner shall appear and sign before the respondent police daily at 10.30a.m. until further orders.

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

[f] 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]. 4/5

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

sd/- 24/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

GVN TO 1.THE JUDICIAL MAGISTRATE NO.I, SIVAGANGAI DISTRICT. 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI. 3.THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 4.THE INSPECTOR OF POLICE, SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI.

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

ORDER IN CRL OP(MD) No.12433 of 2025 Date :24/07/2025 SBN/25.07.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5