Vyahula James vs State Of Tamilnadu

S.Srimathy, J

The petitioner, who was arrested and remanded to judicial custody on 22.12.2025 for the offences punishable under Sections 109 and 296 of BNS, 2023 in Crime No.455 of 2025 on the file of the respondent seeks bail.

The case of the prosecution is that the petitioner herein is said to have attacked the defacto complainant and also abused him in filthy language. Hence, the complaint.

The learned counsel for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 22.12.2025. Hence, he seeks bail to the petitioner. He further submitted that the name of the petitioner has been wrongly mentioned in the cause title as Vyhula James instead of Vyahula James and hence, the same is incorporated.

The learned Additional Public Prosecutor would submit that there are 28 previous cases pending against the petitioner and the petitioner is a History sheeted rowdy. He would further submit that the injured has been discharged from the hospital only after a period of seven days and the investigation of the case is pending and hence, he opposed for grant of bail to the petitioner.

Considering the facts and circumstances of the case and that the injured has been discharged from the hospital 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: :

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) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Pattukkottai 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 appear before the concerned Magistrate on all working days at 10.30 am; and he shall also appear before the respondent Police daily at 5.00 pm until further orders. Relaxation petition will not be entertained for the next two months.

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

[d] the petitioner shall not tamper with 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 BNS.