Venkatesh @ Venkatasubramanian v. State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-05-2026

CORAM

THE HON'BLE MR.JUSTICE R.SAKTHIVEL Venkatesh @ Venkatasubramanian S/o. Venugopal, No.66, Subramaniam Street, Shevapet, Salem District.

..Petitioner/Accused 2 Vs State of Tamil Nadu, Rep. by Inspector of Police, Singanallur Police Station, Coimbatore District.

(Crime No.964 of 2009) ..Respondent/ Complainant Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on bail in the event of his arrest in S.C.N0.183 of 2017 pending trial on the file of the learned Principal District Judge, Coimbatore.

For Petitioner:

Mr.M.N. Balakrishnan For Respondent:

Mr.R.Ganesh Kumar, Counsel for Government of Tamil Nadu (Criminal Side)

ORDER

This Criminal Original Petition has been filed by the petitioner under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant an order of pre-arrest bail.

2. The petitioner apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 302 and 201 of Indian Penal Code in Crime No.964 of 2009 on the file of the respondent police.

3. There are two accused involved in this case, wherein the petitioner herein is arrayed as A2. The case was taken on file in S.C.No.183 of 2017 by the learned Principal District Judge, Coimbatore and the trail was commenced. During the trial, on 06.04.2026, the petitioner did not appear before the trial Court and hence, Non Bailable Warrant was issued against him on 06.04.2026 which was not executed by the respondent police till date.

4. The learned counsel for the petitioner submits that since the petitioner went to Bangalore for avocation, he did not appear before the trial Court on 06.04.2026. Further, he submitted that the learned counsel, who was engaged by the petitioner has withdrawn his memo of appearance. He also submitted that the petitioner apprehends that if the petitioner surrenders and file the recall petition, there may be a possibility for dismissal of his recall petition and he may be arrested. Hence, the petitioner filed the present petition praying for grant of pre-arrest bail to the petitioner.

5. Per contra, the learned Government Advocate (Criminal Side) on instructions, submit that the petitioner is having 5 more previous cases and also that in the present case, more than seven witnesses have been examined by the trial Court. He further submitted that in order to protract the trial proceedings, the petitioner wantonly failed to appear before the trial Court and thus, he strongly opposed to grant anticipatory bail to the petitioner.

6. Heard both sides and also perused the materials available on record.

7. In view of the facts and circumstances of the case and considering the submissions made by the petitioner, this Court is inclined to grant an order of pre-arrest bail to the petitioner subject to the following conditions: (i) The petitioner shall be released on bail in the event of his arrest or in the event of his surrender before the learned Principal District Judge, Coimbatore, within a period of 15 days from today, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) along with two sureties each for a like sum of Rs.10,000/- to the satisfaction of the learned Principal District Judge, Coimbatore.

(ii) The petitioner shall appear before the learned Principal District Judge, Coimbatore on all working days till the completion of the trial.

(iii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]. The learned Principal District Judge, Coimbatore shall obtain a copy of any one of their identity proofs to ensure their identity;

(iv) The petitioner shall make himself available for interrogation by police as and when required;

(v) 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 them from disclosing such facts to the Court or to any police officer; (vi) The petitioner shall not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence; (vii) The petitioner shall not leave India without the prior permission of the trial Court; and (viii) On breach of any of the aforementioned conditions, the learned Principal District Judge, Coimbatore is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by them as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.

22-05-2026 Index: Yes/No Speaking/Non-speaking order DP/SSD 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 Principal District Judge, Coimbatore 2.The Inspector of Police, Singanallur Police Station, Coimbatore District.

(Crime No.964 of 2009) 3.The Public Prosecutor, Madras High Court.

R.SAKTHIVEL, J.

DP/SSD 22-05-2026