Venkatesh v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.02.2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN Venkatesh petitioner /A1 Vs The State Rep by, The Inspector of Police, Ponneri Police Station, Tiruvallur District.

(Crime. No. 48 of 2025) Respondent(s) For petitioner (s): Mr.Subramanian R For Respondent(s): Mr.S.Santhosh, Government Advocate (Crl.Side)

ORDER

The petitioner , who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 329(4), 296(b) and 351(2) of BNS, 2023 r/w Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act in Crime No. 48 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner entered into the house of the de facto complainant; that he misbehaved with the de facto complainant; that when the said action was questioned by the de facto complainant's son, a quarrel arose between them. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the allegations against the petitioner is false; that the petitioner is innocent and that in any case custodial interrogation of the petitioner is not required for the purpose of investigation and hence, sought for grant of anticipatory bail.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and on instruction submitted that there is a counter case.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and also perused the materials available on record.

6. Considering the submissions made on either side; nature of allegation; that there is a counter case; and since custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is

inclined to grant anticipatory bail to the petitioner subject to the following conditions:

(a) Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his/her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate - I, Ponneri on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the said Magistrate, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[b] the petitioner shall stay at Chennai and report before the Flower Bazar Police Station, Chennai everyday at 10:30 a.m., until further orders;

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[d] the petitioner shall not abscond 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

SUNDER MOHAN, J.

vca 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 of BNS.

25.02.2025 vca To The Inspector of Police, Ponneri Police Station, Tiruvallur District.

(Crime. No. 48 of 2025)