Viswa v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03.10.2025 PRESENT THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN CRL OP(MD)No.16901 of 2025 Viswa ... Petitioner Vs The State of Tamil Nadu, rep., by the Inspector of Police, Thiruvidaimaruthur Police Station, Crime No.454 of 2025 ... Respondent For Petitioner : Ms.R.Jeya Revathy For Respondent : Mr.A.Thiruvadikumar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER:- For Bail in Crime No.454 of 2025 on the file of the respondent police.
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ORDER: The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 19.09.2025 for the offences punishable under Sections 191(2), 191(3), 332(b), 109(1), 118(1), 296(b) and 351(3) of BNS, 2023 and Sections 25(1A), 27(2) of Arms Act, 1959 and Section 3(a) of Explosive Substances Act, 1908 and Section 3(1) of TN Public Property (Prevention of Damage and Loss) Act, 1992 in Crime No.454 of 2025 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that due to political dispute, on 05.09.2025, the petitioner and other accused persons came in a car bearing Registration No.TN 18 X 9443, threw country bombs at the office of M.K.Stalin. At that time, they attacked the members of the M.K.Stalin including the defacto complainant and thereby, the defacto complainant sustained 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 offences as 2/7
alleged by the prosecution. The petitioner is studying B.A.(English) II year in a Government Arts College, Kumbakonam and the name of the petitioner has not been mentioned in the FIR. The petitioner is having permanent residence and hence, he will not abscond or evade process of law. He further submitted that A7, Rajkumar, in this case has already got anticipatory bail by this Court in Crl.O.P(MD).No.15668 of 2025 dated 19.09.2025. The petitioner was arrested and remanded to judicial custody before the District Munsif Cum Judicial Magistrate, Thiruvidaimaruthur, on 19.09.2025. Hence, he seeks bail to the petitioner. 4.The learned Additional Public Prosecutor submitted that totally there are 22 accused in this case and the petitioner has been arrayed as A15. He further submitted that some of the accused are absconding and investigation is still pending. Hence, he opposed to grant bail to the petitioner.
5.Considering the fact that A7 in this case was already enlarged on anticipatory bail in Crl.O.P.(MD).No.15668 of 2025 dated 19.09.2025 and also considering the period of incarceration suffered by the 3/7
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.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Thiruvidaimaruthur, 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 District Munsif cum Judicial Magistrate, Thiruvidaimaruthur.
[c] If the petitioner changes his residential address, he shall report the same to the learned District Munsif cum Judicial Magistrate, Thiruvidaimaruthur.
[d] the petitioner shall appear before the respondent police twice in a week i.e., on every Monday and Friday at 10.30 a.m., until further orders.
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[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 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.
(M J R J) 03.10.2025 Rmk/vsg 5/7
To
1. The District Munsif cum Judicial Magistrate, Thiruvidaimaruthur.
2. The Inspector of Police, Thiruvidaimaruthur Police Station,
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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M.JOTHIRAMAN ,J.
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