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Madras High CourtCRL OP(MD)/19823/2025granted

Vilvaraja v. State Of Tamilnadu Rep By Inspector Of Police, Thermal Nagar

2025-11-11Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/11/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Vilvaraja ... Petitioner Vs State of Tamilnadu Rep by, The Inspector of Police, Thermal Nagar Police Station, Thermalnagar, Thoothukudi District.

(Crime No. 215 of 2025) ... Respondent/Complainant For Petitioner : N.Pragalathan For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- C-6B. For Bail in Crime No. 215 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 22.09.2025 for the offences punishable under Sections 194 of BNS @ 194(3)(IV) of BNS @ 103(1) of BNS @ 140, 296(b), 238, 61, 3(5), 103(1) of BNS, in Crime No.215 of 2025 on the file of the respondent police, seeks bail.

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2. The case of the prosecution is that on receiving the information that an unknown person was killed and buried behind the SEPL Company, the Village Administrative Officer went to the spot and lodged a complaint. Hence, the present case.

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 in judicial custody from 22.09.2025. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the petitioner has no previous cases. He further submitted that the co-accused had already been arrested and released on bail. Further he submitted that investigation has been completed and PRC number was assigned. However, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and the co-accused were 2/4

granted bail, and investigation has been completed and PRC number was assigned 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) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.2, Thoothukudi, Thoothukudi 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 Aadhaar card or bank pass book to ensure their identity;

[b] the petitioner shall report before the trial Court daily and for all hearing dates without fail;

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S.SRIMATHY, J PJL [c] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[d] the petitioner shall not abscond either during investigation or trial;

[e] 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 is 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];

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

11.11.2025 PJL TO

1. The Judicial Magistrate No.2, Thoothukudi, Thoothukudi District.

2.The Superintendent, District Jail, Perurani, Thoothukudi District.

3. The Inspector of Police, Thermal Nagar Police Station,Thermalnagar, Thoothukudi District.

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

CRL OP(MD) No.19823 of 2025 4/4