Venkatesan v. State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-10-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR VENKATESAN Petitioner(s) Vs State rep by its, The Inspector of Police, THAKKOLAM POLICE STATION, Ranipet District. (Crime No.289 of 2025) Respondent(s) PRAYER Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the Petitioner on Bail in the event of his arrest in connection with in Crime No. 289 of 2025 pending on the file of the Respondent Police.
For Petitioner(s):
Mr.D.Dayalan For Respondent(s):
Mr.S.Udayakumar 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), 118(1), 351(3) & 74 of BNS, 2023 (294(b), 324, 506(ii) & 354 of IPC), in Crime No.289 of 2025, seeks anticipatory bail.
2. The case of the prosecution is that, due to previous enmity, petitioner abused the defacto complainant in filthy language and also attacked him using wooden log, due to which, defacto complainant sustained injuries. Hence the case.
3. The learned counsel appearing for the petitioner submitted that this petitioner is an innocent person, he has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prayed to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and reported that the injured
had sustained simple injury and there is no previous case against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the facts and circumstances of the case and the submissions made by both counsels, and taking note of the fact that the injured had sustained simple injury, that there is no previous case against the petitioner, and that custodial interrogation of the petitioner is not required, 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, before the learned Judicial Magistrate No.-II, Arakkonam 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 respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation; (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.
25-10-2025 gbi
To 1.State rep by its, The Inspector of Police, THAKKOLAM POLICE STATION, Ranipet District. (Crime No.289 of 2025) 2.The Judicial Magistrate No.II, Arakkonam.
3.The Public Prosecutor, High Court of Madras.
K.RAJASEKAR J.
gbi CRL OP No. 28983 of 25-10-2025