Vijay v. The State of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.07.2025 PRESENT The Hon`ble Mr.Justice P.VADAMALAI Vijay ... Petitioner/ Accused No.1

Vs State of Tamil Nadu, rep. by The Inspector of Police, Thiruvaiyaru Police Station, Thanjavur District. (Crime No.103 of 2025) ... Respondent/Complainant For Petitioner : Mr.S.Gurumoorthy, Advocate. For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl. Side)

PETITION FOR BAIL Under Section 483 B.N.S.S. PRAYER :- For Bail in Crime No.103 of 2025 on the file of the Respondent police. ORDER : The Court made the following order :- The petitioner / Accused No.1, who was arrested and remanded to judicial custody on 11.06.2025 for the offences punishable under Sections 296(b) and 351(3) BNS, 2023 r/w Section 25(1) of Arms Act in Crime No.103 of 2025 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that earlier on the basis of the complaint lodged by the defacto complainant's son, FIR came to be registered in Crime No.93 of 2025 against the petitioner and the second accused, due to which, on 11.06.2025, the petitioner along with other accused had threatened the defacto complainant by using deadly weapons to withdraw the said complaint and abused her in filthy language. Hence, the case.

¶3The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He would further submit that the petitioner is no way connected with the case, a false case has been lodged as against the petitioner and that the second accused was granted bail by the Vacation Sessions Court, Thanjavur in Crl.M.P.No.206 of 2025 vide order dated 22.05.2025. 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 11.06.2025 nearly 29 days. Hence, he seeks bail.

¶4The learned Government Advocate (Criminal Side) appearing for the respondent would submit that there are totally 2 accused, the petitioner arrayed as A1, that the petitioner along with other accused had threatened and abused the defacto complainant and that no one was injured in the incident. He would further submit that the petitioner is having four previous cases. Hence, he objected to grant bail to the petitioner.

¶5Taking into consideration of the facts and circumstances of the case and also the facts that the co-accused was already arrested and released on bail and that by this time, most of the investigation might have been completed and taking note of the fact that the petitioner remanded into judicial custody on 11.06.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions:

¶6Accordingly, 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 Judicial Magistrate, Thiruvaiyaru, Thanjavur 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; [b] the petitioner shall furnish his residential address and contact number to the Judicial Magistrate, Thiruvaiyaru, Thanjavur District. If the petitioner changes his residential address, he shall report the same to the Judicial Magistrate, Thiruvaiyaru, Thanjavur District; [c] the petitioner shall appear and sign before the respondent police daily at

10.30 a.m., until further orders; [d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not tamper with evidence or witness 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]; and [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS. sd/- 10/07/2025

/ TRUE COPY /

10/07/2025

Sub-Assistant Registrar

Madurai Bench of Madras High Court,

Madurai - 625 023. CSM TO

¶1THE JUDICIAL MAGISTRATE, THIRUVAIYARU, THANJAVUR DISTRICT.

¶2DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

¶3THE OFFICER INCHARGE, SUB JAIL, THANJAVUR.

¶4THE INSPECTOR OF POLICE, THIRUVAIYARU POLICE STATION, THANJAVUR DISTRICT.

¶5THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.11504 of 2025 Date :10/07/2025

PR/10.07 .2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023