Vigneshwaran @ Vicky v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/11/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Vigneshwaran @ Vicky ... Petitioner/Sole Accused Vs The State of Tamil Nadu, The Inspector of Police, Sholavandan Police Station, Madurai District.

Crime No.238/2024.

... Respondent/Complainant For Petitioner : Mr.M.Pitchai Muthu, Advocate For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.238/2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested and remanded to judicial custody on 03.11.2024 for the offences under Sections 3(1) of TNPPDL Act in Crime No.238 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that there was a previous enmity between the 1/4

petitioner's father and one Madhavan, who is the friend of the defacto complainant's son. On 31.10.2024, the petitioner threatened the defacto complainant's son on the ground that he is supporting the said Madhavan. There was a wordy altercation between them. Three days later on 03.11.2024 at about 02.30 p.m, the petitioner is said to have thrown a bottle with petrol at the house of the defacto complainant. As a result of which, there was fire and damage to the tune of Rs.5,00/-.

3. Heard the learned Counsel appearing on either side.

4. Taking into consideration the facts and circumstances of the case and considering the fact that there are no previous cases pending against the petitioner and also of the fact that this petitioner has suffered incarceration from 03.11.2024, this Court is inclined to grant bail to the petitioner subject to the following conditions.

5. Accordingly, the criminal original petition is ordered and 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, Vadipatty, Madurai 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 report before the respondent police every Friday at 05.30 p.m for a period of six weeks and thereafter, as and when required for interrogation.

[c] the petitioner shall appear before the trial Court during every hearing date without fail.

[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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS 2023.

sd/- 22/11/2024 / TRUE COPY / 22/11/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

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LR TO 1 THE JUDICIAL MAGISTRATE, VADIPATTY, MADURAI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

4 THE INSPECTOR OF POLICE, SHOLAVANDAN POLICE STATION, MADURAI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.20400 of 2024 Date :22/11/2024 SA/SAR. /22.11.2024/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4