Vellaiyam @ Vijay vs State

K. Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 02.02.2026 for the alleged offences punishable under Section 309(4) and 311 of BNS, in Crime No.61 of 2026, registered on the file of the respondent police, seeks bail.

The allegation against the petitioner is that he waylaid the defacto complainant and robbed a sum of Rs.400/- from him at knife point and also threatened him and the public, with dire consequences. Hence, a case has been registered and the petitioner was arrested.

The learned counsel appearing for the petitioner submitted that at the time of occurrence, the petitioner was before the Court and that he has been falsely implicated in this case for statistical purpose. He further submitted that the petitioner is ready to co-operate with the investigation. Hence, he prays to grant bail to the petitioner.

The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the occurrence took place on 02.02.2026 and that the petitioner was immediately arrested; and that he has 14 previous cases pending against him and that the investigation is still pending. Hence, he opposed to grant bail to the petitioner.

This Court, on perusal of the FIR and other connected materials, finds that though it is stated that the petitioner has 14 previous cases, no one was injured in the present occurrence and the allegation against the petitioner is that he had threatened the defacto complainant.

Considering the above facts and circumstances of the case, the nature of the allegations, the period of incarceration of the petitioner, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

Accordingly, the petitioner is ordered to be released on bail on his 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 Judicial Magistrate -II, Mettur, 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 report before the concerned Judicial Magistrate daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation.

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

[d] the petitioner shall not tamper with the evidence or witness 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 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 B.N.S.