Vinirajarajan vs The State Of Tamil Nadu

The petitioner (A8), who was arrested and remanded to judicial custody on 30.05.2026 for the alleged offences punishable under Sections 191(2), 191(3), 109(1), 61(2), 249(b), and 296(b) of the Bharatiya Nyaya Sanhita (BNS) read with Section 3 of the Tamil Nadu Property (Prevention of Damage and Loss) Act (TNPPDL Act) in Crime No.256 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that there existed a prior enmity between the defacto complainant and the first accused (A1), as the defacto complainant was allegedly involved in the murder of a friend of A1. On the day of the occurrence, while the defacto complainant was returning from the Ulundurpet Court after complying with his bail conditions, the petitioner (A8), along with the other co-accused, waylaid and attempted to assault him in retaliation. Hence, the case was registered.

The learned counsel for the petitioner submits that the petitioner is innocent of the allegations and has been falsely implicated in this case. He further submits that the petitioner has been in continuous judicial custody since 30.05.2026. Pointing out that the other co-accused have already been granted bail by this Court, he prays for the grant of bail to this petitioner.

The learned Government Advocate (Criminal Side) appearing for the respondent strongly opposes the grant of bail. He submits that the investigation is still pending. He further points out that the petitioner has one previous case pending against him under Section 379 of the IPC, wherein the charge sheet has already been filed.

Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent police, and perused the materials available on record.

Considering the facts and circumstances of the case, the period of incarceration undergone by the petitioner from 30.05.2026, and taking note of the fact that the petitioner is arrayed as A8 and the other co-accused have already been enlarged on bail, this Court is inclined to grant bail to the petitioner with certain conditions, notwithstanding the pendency of the investigation and his single bad antecedent.

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, for a like sum to the satisfaction of the Judicial Magistrate-I, Kallakurichi, and on further conditions that:

[a] the sureties shall affix his photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure his identit(b) The petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

[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 aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.