Vignesh vs State Represented

K.Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 28.08.2025, for the alleged offence punishable under Sections 296(b), 308(5), 351(3) of the BNS, 2023, Section 25(1)(A) of the Indian Arms Act, 1959, and section 67 of the Information Technology Act, 2000, in Crime No.333 of 2025, on the file of the respondent police, seeks bail.

The case of the prosecution is that on 28.08.2025 while the defacto complainant was working as a painter in KL lodge, A2 along with the petitioner came to the lodge and contacted A3 through whatsapp video call. Thereafter the petitioner along with A2 and A3 demanded a sum of Rs.25,000/- from the defacto complainant and threatened the defacto complainant in filthy language. Hence the case.

Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the co-accused has been granted bail by this Court in Crl.O.P.No.25416 of 2025 on 16.09.2025. Hence, he prayed for grant of bail to the petitioner.

Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner has got three previous cases, in fact, the petitioner is a History sheeter in H.S.No.318 of 2023. Hence, he opposed for grant of bail to the petitioner.

Heard both sides and perused the materials available on record including the First Information Report.

Though this Court has dismissed the earlier bail application filed by the petitioner in Crl.O.P.No.25769 of 2025 vide order dated 19.09.2025, now it is reported that the previous cases reported are one under section 307, 506(ii) and another one under section 324, 506(11) and the 3rd case is under section 188 of IPC and the fact that the petitioner is in custody from 28.08.2025, I am 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.20,000/- (Rupees Twenty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Kilvelur, 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 Trial Court daily at 10.30 a.m., for a period of three weeks.

[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.