Manga Venkatesan v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.07.2025

CORAM

THE HONOURABLE MR JUSTICE M.NIRMAL KUMAR 1.Manga @ Venkatesan 2.Bala @ Balamurugan 3.Mohanavel 4.Sathish 5.Dinesh 6.Surya 7.Prabhi ... Petitioners Vs State rep. by The Inspector of Police, Attyampatty Police Station, Salem City, Salem District.

(Crime No.185 of 2025) ... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioners on bail in the event of their arrest in Crime No.185 of 2025 pending investigation on the file of the respondent Police.

For Petitioners :

Mr.M.Vignesh For Respondent :

Mr.V.Meganathan, Government Advocate (Criminal Side) Page No.1 of 6

ORDER

The petitioners, who apprehend arrest at the hands of the respondent Police for the offences punishable under Sections 191(2), 191(3), 126(2), 296(b), 115(2), 118(1), 351(3) of BNS, 2023 (147, 148, 341, 294(b), 323, 324, 506(ii) IPC) in Crime No.185 of 2025, on the file of the respondent Police, seek anticipatory bail.

2.The case of the prosecution is that, due to previous enmity, petitioners along with other accused abused the defacto complainant in filthy language and also attacked him using wooden log and stone, due to which, defacto complainant sustained injuries. Hence the case. 3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent person and they have been falsely implicated in this case. He further submitted that the petitioners are ready to abide by any stringent condition that may be imposed by this Court. He further submitted that there is a counter case registered against the defacto complainant in Crime No.186/2025. Hence, he prayed for grant of anticipatory bail to the petitioners.

Page No.2 of 6

4.Learned Government Advocate (Criminal Side) appearing for the respondent Police reiterated the prosecution case and opposed for grant of anticipatory bail to the petitioners. He further submitted that the injured has been discharged from the hospital.

5.Considering the submissions made by the learned counsel appearing on either sides and taking note of the nature of the allegations and since, custodial interrogation of the petitioners is not required, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.IV, Salem on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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, on further condition that:

Page No.3 of 6

[a] if the petitioners fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled; [b]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 Magistrate shall obtain a copy of any one of the identify proofs to ensure their identity; [c] the petitioners shall report before the respondent Police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation.

[d] the petitioners shall not directly or indirectly cause any threat to the defacto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial; [e] the petitioners shall make himself available for interrogation by a Police officer as and when required;

[f] the petitioners to give an undertaking that if required for being identified by witnesses during investigation or for Police custody beyond the first fifteen days, they shall comply to the directions as may be given by the Court in this regard;

[g] the petitioners shall not abscond either during investigation or trial; [h] 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 petitioners 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];

Page No.4 of 6

[i] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

03.07.2025 vv2 To 1.The Judicial Magistrate No.IV, Salem.

2.The Inspector of Police, Attyampatty Police Station, Salem City, Salem District.

3.The Public Prosecutor, Madras High Court.

Page No.5 of 6

M.NIRMAL KUMAR, J.

vv2 03.07.2025 Page No.6 of 6