Vibin v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Vibin ... Petitioner/ Accused No.3 Vs The State of Tamilnadu, Rep by the Inspector of Police, Vengamedu Police Station, Karur District.

(Crime No.374 of 2024) ... Respondent/Complainant For Petitioner : Mr.S.Manoj Kumar For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in S.C.No.46 of 2025 on the file of the learned District and Sessions Judge, Karur.

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 14.08.2025 for the offences punishable under Sections 310(2) of BNS 2023 in Crime No.374 of 2024 on the file of the respondent police, seeks bail. 1/5

2. The case of the prosecution is that, on 13.10.2024, the accused persons entered the house of the defacto complainant and threatened him with dire consequences by showing a knife and an aruval. Thereafter, the accused committed theft by taking away a television and silver jewellery. In this regard, a case was registered. Subsequently, the respondent police filed a charge sheet in S.C. No. 46 of 2025 before the learned District and Sessions Judge, Karur. On 24.03.2025, during the hearing, the petitioner failed to appear before the learned Trial Court, and consequently, a Non-Bailable Warrant was issued against the petitioner in S.C. No. 46 of 2025. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 14.08.2025. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the petitioner failed to appear before the Trial Court, due to which the Trial Court had issue Non-Bailable Warrant to the petitioner. He further submitted that the investigation is almost completed. However, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and NBW 2/5

was issued against the petitioner on 24.03.2025 and also consideration 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.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Karur, 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 learned Judicial Magistrate No.I, Karur. [c] If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate No.I, Karur. [d] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders except on the Court hearings. Further, the petitioner is directed to appear before the learned Judicial Magistrate No.I, Karur, on all hearing dates [e] the petitioner shall not abscond either during investigation or 3/5

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].

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

sd/- 01/09/2025 / TRUE COPY / /2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

jbr TO 1 The Judicial Magistrate No.I, Karur.

2 Do Through the Chief Judicial Magistrate, Karur. 4/5

3 The Officer Incharge, Sub Jail, Karur.

4 The Inspector of Police, Vengamedu Police Station, Karuru District. 5 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.14408 of 2025 Date :01/09/2025 NBF/SAR- /01/09/2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5