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Madras High CourtCRL OP/20432/2025granted

Venkatesan v. The State Is Represented By Its

2025-09-08Honourable Mrs.Justice T.V.Thamilselvi6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.09.2025

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.20432 of 2025 Venkatesan ... Petitioner -vsThe State represented by its;

The Inspector of Police, Vaniyambadi Town Police Station, Thirupathur District.

(Crime No.182 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 438 of CRPC), to enlarge the petitioner on bail in Crime No.182 of 2025, pending on the file of the Inspector of Police, Vaniyambadi Town Police Station, Thirupathur District. For Petitioner :

Mr.A.Bharani Chandar For Respondent :

Mr.S.Udayakumar, Government Advocate (Crl. Side) **********

ORDER

The petitioner, who was arrested for the alleged offence under Sections 296(b), 118(1), 351(3) of Bharatiya Nyaya Sanhita (BNS), 2023, in Crime No.182 of 2025 on the file of the respondent police, seeks anticipatory bail.

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2. The case of prosecution is that on 04.07.2025, the de-facto complainant was released from judicial custody in a case of attempting to murder his wife, Ms.Poovizhi. On 05.07.2025, he went to his in-law's house to meet her. At that time, the petitioner, who is his father-in-law, allegedly came with a knife-like object, attacked the de-facto complainant on both legs, and threatened to kill him. Hence this complaint.

3. The learned counsel appearing for petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that there is some family dispute between the petitioner and the defacto complainant. He further submitted that the injured has been discharged from the hospital. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances and considering the period of incarceration undergone by the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on 2/6

executing separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate, Vaniyambadi, and on further conditions that: (a) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioner is directed to report before the respondent police daily at 10.30a.m., until further orders. If he wishes to see the child, he is directed to approach the appropriate forum and seek visitation in the manner known to law, on every Saturday at 10.30a.m., for a period of eight weeks.

(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 3/6

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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

08.09.2025 nvi 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 the official website of this Court will be watermarked and will also have a QR code.

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To 1.The Judicial Magistrate, Vaniyambadi.

2.The Inspector of Police, Vaniyambadi Town Police Station, Thirupathur District.

3.The Public Prosecutor, High Court, Madras.

T.V.THAMILSELVI, J.

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