Venky @ Venkatesan v. The State Rep By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-12-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Venky @ Venkatesan Petitioner(s) Vs The State rep by The Inspector of Police, GRP Railway Police Station, Avadi, Chennai. Crime No.283/2025 Respondent(s) PRAYER Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest concerned in Crime Number 283 of 2025 on the file of the Respondent Police pending investigation and grant Anticipatory Bail. For Petitioner(s):

Mr.D Vijay For Respondent(s):

Ms.J.R.Archana Government Advocate(Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 296(b), 125, 118(1), 351(3) of BNS r/w Sections 152, 153 of Indian Railways and Section 3 of TNPPDL Act, in Crime No.283 of 2025, seeks anticipatory bail.

2.The allegation against the petitioner is that the petitioner, due to a quarrel with other college students, pelted stones at the train, and also at each other, which resulted in causing severe injuries to some of the passengers. Hence, the case.

3.The learned counsel appearing for the petitioner submitted that the petitioner is the regular commuter on the said route and was falsely implicated in this case. He further submitted that the petitioner is innocent and ready to abide by any conditions that may be imposed by this Court and sought for anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner, along with other accused who were in possession of stones, threw stones at the train going from Central to Tiruttani, thereby causing injuries to some of the passengers. He further submitted that there is one previous case pending against the petitioner. Hence, he opposed to grant bail to the petitioner.

6. Considering the facts and circumstances of the case, the submissions made by both counsels, the injured having been discharged from the hospital, I

am inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate-II, Ponamalle on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction learned Magistrate concerned, and on further condition that:

(a) If the petitioner fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

(c) The petitioner shall report before the Court concerned on all working days at 05.00 p.m., for a period of six weeks and thereafter on the dates fixed by the trial

Court;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(e)If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

03-12-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The State rep by The Inspector of Police, GRP Railway Police Station, Avadi, Chennai. Crime No.283/2025 2.The Judicial Magistrate-II, Ponamalle.

3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

gbi CRL OP No. 32243 of 03-12-2025