VIJAY @ KULLA VIJAY v. State rep.by, The Inspector of Police,
CRL OP/35363/2025 · 2025-12-26
P Dhanabal
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 177487 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 177487 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRL OP No. 35363 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26-12-2025 CORAM THE HONOURABLE MR.JUSTICE P. DHANABAL CRL OP No. 35363 of 2025 Vijay @ Kulla Vijay Petitioner Vs State rep.by, The Inspector of Police, Puzhal Police Station, Tiruvallur District. Cr.No.1041 of 2025. Respondent PRAYER This Criminal Original Petition is filed under Section 483 of BNSS Act to enlarge the petitioner on bail concerned in Cr.No.1041 of 2025 on the file of the Inspector of Police, Puzhal Police Station, Tiruvallur District. For Petitioner(s): Mr.R.Parthiban For Respondent(s): Mr.S.Vinoth Kumar Government Advocate (Crl.Side) ORDER The petitioner, who was arrested and remanded to judicial custody on 17.11.2025, for the alleged offences punishable under Sections 126(2), 296(b), 309(4), 311, 351(3) of BNS, 2023 in Crime No.1041 of 2025, on the file of the respondent police, seeks bail. 2. The case of the prosecution is that on 17.11.2025, the petitioner https://www.mhc.tn.gov.in/judis
CRL OP No. 35363 of 2025 waylaid the defacto complainant, demanded money and upon refusal, abused and threatened him. The petitioner robbed a sum of Rs.1,900/- from the defacto complainant. Hence, the case. 3. Learned counsel appearing for the petitioner submitted that the petitioner is innocent and has no role in the alleged offence. He would further submit that the petitioner was arrested and is in judicial custody from 17.11.2025 and he is ready to cooperate for investigation, hence, he prayed to grant bail to the petitioner. 4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that on the date of the alleged occurrence, the petitioner waylaid the defacto complaint and robbed Rs.1,900/- at knife point. He further submitted that the petitioner has eight previous cases and hence, he opposed to grant bail to the petitioner. 5. Heard both sides and perused the materials available on record including the First Information Report. 6. Considering the rival submissions made by the learned counsel on either side, the nature of the offence, the fact that the petitioner has eight https://www.mhc.tn.gov.in/judis
CRL OP No. 35363 of 2025 previous cases, which are not similar in nature and in all which bail was granted to the petitioner and also considering the period of his incarceration, this Court is inclined to grant bail to the petitioner subject to certain conditions.
[a] Accordingly, the petitioner is ordered to be released on bail on his 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 District Munsif-cum- Judicial Magistrate Court, Madhavaram. and on further conditions that:- [b] the petitioner shall report before the concerned jurisdictional Magistrate at 10.30 a.m., on all working days, until further orders; [c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected; [d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence; https://www.mhc.tn.gov.in/judis
CRL OP No. 35363 of 2025 [f] On breach of any of the aforesaid conditions, the learned Judicial 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS. 26-12-2025 Jai/kmm Note:
1. Registry is directed to forthwith upload this order in the Official Website of this Court. 2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. https://www.mhc.tn.gov.in/judis
CRL OP No. 35363 of 2025 To 1.The Inspector of Police, Puzhal Police Station, Tiruvallur District. 2.
The District Munsif-cum-Judicial Magistrate Court, Madhavaram. 3. The Central Prison-II, Puzhal, Chennai. 4. The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis
CRL OP No. 35363 of 2025 P.DHANABAL, J. jai CRL OP No. 35363 of 2025
26-12-2025 https://www.mhc.tn.gov.in/judis