P. Vignesh v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/08/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI P.Vignesh, S/o.Palanichamy.
: Petitioner/A2 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Nilakottai Police Station, Dindigul District.
Crime No.216 of 2025.
: Respondent/Complainant For Petitioner : Mr.R.Muthukumaran, Advocate, For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS. PRAYER :- For Anticipatory Bail in Crime No.216 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- 1/5
The petitioner/A2 who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 126(2), 296(b), 118(1) and 351(2) of BNS, in Crime No.216 of 2025 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the defacto complainant is an auto driver. The accused persons misbehaved with the school girls, who had come with the defacto complainant's Auto. When the same was questioned by the defacto complainant, on 22.07.2025 at about 08.00 am, while he was on his routine trip transporting the school girls, the petitioner along with other accused persons waylaid him and abused in filthy language, attacked him with deadly weapons and also caused injuries. Hence, the complaint.
3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Co-accused/A1 has already granted anticipatory bail and A3 has been arrested and released on station bail. He further submitted that the petitioner is ready and willing to abide any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail.
4.The learned Government Advocate (Criminal Side) submitted that the 2/5
accused persons misbehaved with the school girls, who had come with the defacto complainant's Auto. When the same was questioned by the defacto complainant, on 22.07.2025 at about 08.00 am, while he was on his routine trip transporting the school girls, the petitioner along with other accused persons waylaid him and abused in filthy language, attacked him with deadly weapons and also caused injuries. The third accused has been released on station bail. The petitioner is having two previous cases. However, he opposed to grant anticipatory bail to the petitioner. 5.Considering the facts and circumstances of the case, and taking into account of the fact that the injured has been treated as outpatient and the co-accused/A3 has released on station bail and also taking note of the fact that the occurrence had taken place on 22.07.2025, by this time, material part of the investigation might have been completed, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.
6.Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Nilakottai, Dindigul District on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to 3/5
arrest or to the satisfaction of the learned Judicial Magistrate, Nilakottai, Dindigul District and on further conditions that:
(a) the petitioner and 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 learned Judicial Magistrate, Nilakottai, Dindigul District. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Nilakottai, Dindigul District ;
(c)the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;
(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioner shall not abscond 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]; and; 4/5
(g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 05/08/2025 / TRUE COPY / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
das TO 1.The Judicial Magistrate, Nilakottai, Dindigul District.
2. Do Through The Chief Judicial Magistrate, Dindigul District.
3.The Inspector of Police, Nilakottai Police Station, Dindigul District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.12967 of 2025 Date :05/08/2025 HPS/22.08.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5