Prasanna Venkatesh v. The State Of Tamil Nadu Rep.By. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-05-2025
CORAM
THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR
1. Prasanna Venkatesh S/o. Padmanabhan, Old No. 38, New No. 2, Ramasamy Garden Street, Royapettah, Chennai - 600014.
Petitioner(s) Vs
1. The State of Tamil Nadu Rep.by.
The Inspector of Police, D4 Zam Bazaar Police Station, Chennai.
Respondent(s) PRAYER This Criminal Original Petition is filed to enlarge the Petitioner on Anticipatory Bail in the event of his arrest in Crime No.100 of 2025 on the file of the Respondent Police For Petitioner(s):
Mr.E.Nanthakumar For Respondent(s):
Mr.A.Gopinath, GA (Crl.side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Section 126(2), 296(b),115(2), 351(3) of BNS, 2023, in Crime No.100 of 2025, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner visited the defacto complainant's fast food shop twice, first on 21.10.2024 at midnight, asking for fried rice which was denied and again on 13.04.2025 at midnight, leading to a wordy quarrel, assaulted the defacto complainant and threatened with dire consequences. Hence the complaint.
3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and a false complaint has been given as against him and ready to abide by any condition imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the
respondent police reiterated the case of the prosecution and further submitted that there is no case pending against the petitioner and opposed for grant of anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record including the First Information Report.
6. Considering the arguments from both sides, the nature of the offence, and also considering all other aspects, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions.
7. Accordingly, this Criminal Original Petition stands allowed and the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned XXII Metropolitan Magistrate at Egmore, Chennai, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like
sum to the satisfaction of the learned Magistrate concerned and on further condition that:
(a) the petitioner shall report before the respondent police every day at 10.30 a.m., for a period of three weeks and [b] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[c] the petitioner shall not abscond either during investigation or trial. [d] 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].
[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.2023.
21-05-2025 Jai/gv Index:Yes/No Speaking/Non-speaking order Internet:Yes
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 official website of this Court will be watermarked and will also have a QR code.
To 1.The State of Tamil Nadu Rep.by. The Inspector of Police, D4 Zam Bazaar Police Station, Chennai.
2. XXII Metropolitan Magistrate at Egmore, Chennai.
3. The Public Prosecutor, High Court of Madras.
N.SENTHILKUMAR J.
Jai/gv CRL OP No. 15507 of 21-05-2025