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Madras High CourtCRL OP(MD)/18224/2025granted

N.Venkatesan v. State Of Tamilnadu Rep By Inspector Of Police, Karur Town

2025-10-17Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.18224 of 2025 N.Venkatesan ... Petitioner/ Accused Rank not known Vs The State of Tamilnadu, Rep by the Inspector of Police, Karur Town Police Station, Karur District.

(Crime No.856 of 2025) ... Respondent/Complainant For Petitioner : Mr.M.Subash Babu Senior Counsel for Mr.S.Arivazhagan For Respondent : Mr.Veera Kathiravan, Additional Advocate General assisted by Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.856 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 09.10.2025 for the offences punishable under Sections 191(2), 296(b), 115(2), 127(2), 351(3) of the Bharatiya Nyaya Sanhita, 2023 read with Section 3 of the Tamil Nadu Public Property(Prevention of Damage and Loss) Act, 1992, in Crime No. 856 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 27.09.2025, when the meeting of the political party, viz., Tamizhaga Vetri Kazhagam was conducted, there was a stampede at Karur District in Velusamipuram, Karur - Erode Highway, which was attended by thousands of people, who had gathered for the said political meeting. It is alleging that at that time, when the defacto complainant was helping the affected people, the petitioner and other accused persons assaulted the ambulance driver using hands and also smashed the rear windshield of the ambulance. Hence, the complaint.

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3. The learned Senior counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 09.10.2025. Hence, he seeks bail to the petitioner.

4. The learned Additional Advocate General vehemently objected for granting anticipatory bail stating that the petition seeking custodial interrogation is going to be filed before the concerned Magistrate Court.

5. However, it is seen that as of now the said petition has not been filed. Further, it is seen that A1 was already surrendered and granted bail. Initially, an FIR has been filed under bailable offence, subsequently, it was modified with Section 3(1) of TNPPDL Act, and that section alone is non-bailable; the other sections are under bailable offence. Considering all these facts and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

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6. Accordingly, the petitioner is ordered to be released on bail on executing 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 learned Judicial Magistrate, Karur, and on further conditions that :- [a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.

[b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of one week and thereafter as and when required; [c] the petitioner shall not tamper with the 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 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 4/6

petitioner is 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].

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

17.10.2025 PJL To

1. The Judicial Magistrate, Karur.

2. The Superintendent, Central Prison, Karur.

3. The Inspector of Police, Karur Town Police Station, Karur District.

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

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S.SRIMATHY,J.

PJL

ORDER

IN CRL OP(MD) No.18224 of 2025 Date : 17.10.2025 6/6