← Library
Madras High CourtCRL OP(MD)/15061/2025granted

A.Vignesh v. State Of Tamilnadu Rep By Inspector Of Police, Kenikkarai

2025-09-12Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY A.Vignesh, S/o.Anandakumar ... Petitioner/ Accused No.7 Vs The State of Tamilnadu, Rep by the Inspector of Police, Kenikkarai Police Station, Ramanathapuram (Crime No.322 of 2025) ... Respondent/Complainant For Petitioner : M/s.M.Iniyavan For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.322 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 17.08.2025 for the offences punishable under Sections 191(2), 191(3), 296(b), 329(4), 1/6

326(g) and 351(3) of BNS, 2023 in Crime No.322 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to previous enmity with regarding to the temple festival, on 08.08.2025 at about 8.00p.m. Accused Nos.1 to 3 went to the defacto-complainant's house and abused his wife in filthy language and damaged the fencing, parrot nest, doors and windows. She informed the same to the defactocomplainant, immediately he rushed to his home, but the accused persons were fled away. Later at about 1.10a.m. Accused Nos.1 to 4 returned and at the instigation of Accused No.4, other accused persons set fire to the house by throwing a petrol bomb and caused damage to the household articles. Hence, the complaint.

3. The learned counsel for the petitioner would submit that there totally 10 accused persons, this petitioner was arrayed as Accused No.7. 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 17.08.2025, nearly 26 days. Hence, he seeks bail. 2/6

4. The learned Additional Public Prosecutor would submit that this petitioner and other accused persons were thrown petrol bomb in the house of the defactocomplainant and set fire and damaged the household articles. In this case, investigation is not yet completed. There is no previous case against this petitioner. If the petitioner is released on bail, he may threaten the witnesses and tamper the evidences. Hence, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also the fact that the occurrence was happened on 08.08.2025, this petitioner was arrested on 17.08.2025, by this time most of the investigation might have been completed, there is no previous case against this petitioner and also considering 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.II, Ramanathapuram and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb 3/6

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.II, Ramanathapuram [c] If the petitioner changes his residential address, she shall report the same to the learned Judicial Magistrate No.II, Ramanathapuram [d] the petitioner shall report before the respondent police as and when required for interrogation.

[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 4/6

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/- 12/09/2025 / TRUE COPY / 12/09/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

gvn To

1. The Judicial Magistrate No.II, Ramanathapuram.

2. Do Through The Chief Judicial Magistrate, Ramanathapuram District.

3. The Superintendent, District Prison, Ramanathapuram.

4. The Inspector of Police, 5/6

Kenikkarai Police Station, Ramanathapuram.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.15061 of 2025 Date :12/09/2025 HPS/12.09.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6