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2025 DAILYLAW 97532 (MAD)

VIKI @ VIGNESH v. THE STATE REP BY THE INSPECTOR OF POLICE

CRL OP/24402/2025 · 2025-09-08

T V Thamilselvi

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 24402 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-09-2025 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL OP No. 24402 of 2025 Viki @ Vignesh S/o. Muniyan, No.99 Colony Second Street, Devanandal, Adaiyur, Thiruvannamalai District - 600004. Petitioner(s) Vs The State Rep By The Sub-Inspector Of Police Kalasapakkam Police Station, Thiruvannamalai District, Crime No.220 of 2025 Respondent(s) CRL OP No. 24402 of 2025 PRAYER To enlarge the petitioner on bail in crime No.220 of 2025 on the file of Inspector of Police Kalasapakkam police station, Thiruvannamalai district. For Petitioner(s): Mr. S.Silambu Selvan For Respondent(s): Mr.A.Gopinath, Govt. Advocate (Crl. Side) 1/6 https://www.mhc.tn.gov.in/judis CRL OP No. 24402 of 2025 ORDER The petitioner, who was arrested and remanded to judicial custody on 23.06.2025 for the alleged offence under Section 191(2), 191(3), 296(b), 115(2), 118(1), 109(1) of BNS 2023 @ U/Sec. 191(2), 191(3), 296(b), 103(1), 61(2) of BNS, 2023 (U/Sec. 147, 148, 294(b), 323, 324, 307 of I.P.C. @ U/Sec.147, 148, 294(b), 302, 120(B) of IPC) in Crime No.220 of 2025 on the file of the respondent police, seeks bail. 2. The case of prosecution is that the defacto complainant's elder brother Agrimuthu (deceased) had a close relationship with cousin brother viz., Mr.S.S.R. However, on 17.06.2025 at about 11.00 a.m., due to previous enmity with regard to fetching of public water pipe, the deceased phoned the defacto complainant and informed that he was being attacked by 10 members using lethal weapons and lying down near Naidu Mangalam Railway gate, immediately, he went there, wherein his elder brother intimated that he was taken to hospital and he died. Accordingly, the complaint was registered against the petitioner. 3. The learned counsel appearing for petitioner submitted that this is the second bail petition and there is no specific overtact attributed against the petitioner and he is no way connected with the offence. He would submit that he has not at all committed any of offence as alleged by the respondent police and 2/6 https://www.mhc.tn.gov.in/judis CRL OP No. 24402 of 2025 he has been falsely implicated in this case and he will abide by any condition that may be imposed by this court. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 76 days from 23.06.2026. Hence, he prayed to grant bail to the petitioner. 4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that totally 9 accused involved in this case and the petitioner is ranked as A8 and A1 to A7 and A10 were released on bail. He would submit that there is no specific overtact as against this petitioner is that he has also attacked along with other accused, to that effect, investigation is completed. He would submit that that if he is released on bail, he would tamper the witnesses and hamper the investigation and the investigation is almost completed. Hence, he vehemently opposed to grant bail to the petitioner. 5. Considering the above facts and circumstances, and also considering the fact that according to prosecution, due to previous enmity, all the accused have illegally assembled and killed the deceased and the fact that investigation is almost completed and also considering the period of incarceration undergone by the petitioner from 23.06.2025 for more than 76 days and co-accused were released on bail, this Court is inclined to grant bail to the petitioner subject to the following conditions: 3/6 https://www.mhc.tn.gov.in/judis CRL OP No. 24402 of 2025 6. Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each, in which one surety must be a blood surety, for a like sum to the satisfaction of the Judicial Magistrate, Kalasapakkam, and on further conditions that: (a) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity; (b) the petitioner shall report before the respondent police on alternative days daily at 10.30 a.m. for the period of three months ; (c) the petitioner shall not commit any offences of similar nature; (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 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 4/6 https://www.mhc.tn.gov.in/judis CRL OP No. 24402 of 2025 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 229A IPC. 08-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No rpp To 1.The Judicial Magistrate, Kalasapakkam. 2.The Sub-Inspector of Police, Kalasapakkam Police Station, Tiruvannamalai Dt. 3. The Superintendent of Prison, Central Prison, Vellore. 4.The Public Prosecutor, High Court, Madras 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. 5/6 https://www.mhc.tn.gov.in/judis CRL OP No. 24402 of 2025 T.V.THAMILSELVI J. rpp CRL OP No. 24402 of 2025 08-09-2025 6/6 https://www.mhc.tn.gov.in/judis