Venkat Alias Venkateshwaran v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/03/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Venkat Alias Venkateshwaran, S/o. Chellaiah, No.2/673, Thoppukollai, Kaikurichi, Pudukkottai.

... Petitioner/Accused No.3 Vs The State of Tamil Nadu,, Rep. by the Inspector of Police, Vallathirakottai Police Station, Pudukottai District.

(Crime No. 14 of 2025) ... Respondent/Complainant For Petitioner : Mr.D.Rameshkumar, Advocate For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 14 of 2025 on the file of the respondentPolice. ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 17.03.2025 1/4

under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 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 191(2), 191(3), 126(2), 296(b), 115(2), 118(1), 109(1) and 351(3) of BNS in Crime No.14 of 2025 on the file of the respondent-police.

3. The case of the prosecution is that due to a prior enmity regarding the submersion of the Vinayagar idol, on 09.02.2025, at about 04.30 p.m., near Thoppukollai Camp, the petitioners unlawfully assembled with deadly weapons, waylaid the victims, abused them by using filthy language, assaulted and, causing grievous injury to them. Hence, the case.

4. Mr.D.Rameshkumar, the learned counsel for the petitioner, submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submits that the petitioner is ready to abide by any conditions to be imposed by this Court. He therefore prays to grant pre-arrest bail to the petitioner.

5. Per contra, Mr.S.S.Manoj, the learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that there is one previous case against the petitioner, which is similar in nature. He further submits that if pre-arrest bail is granted to the petitioner, he will threaten the defacto complainant and witnesses. 2/4

He further submits that the defacto complainant was admitted in the hospital on 09.02.2025 and discharged on 17.02.2025. Accordingly, he prays to dismiss this Criminal Original Petition.

6. Heard on both sides. This Court has perused the records.

7. Considering the nature of offence and taking note of one previous case against the petitioner, this Court is of the view that if pre-arrest bail is granted, the petitioner may abscond or commit a similar offence. Hence, this Court is not inclined to grant pre-arrest bail to the petitioner.

8. Accordingly, this Criminal Original Petition stands dismissed. sd/- 19.03.2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG TO 1.The Inspector of Police, Vallathirakottai Police Station, Pudukottai District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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ORDER

IN CRL OP(MD) No.5039 of 2025 Date : 19/03/2025 SL(03.04.2025)/ 4P/ 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4