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Madras High Court
Venkatesan vs The State Rep.By, The Inspector Of ... on 8 April, 2026
CRL OP No. 8859 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-04-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
CRL OP No. 8859 of 2026
Venkatesan
..Petitioner
Vs
The State Rep.by,
The Inspector of Police,
Karumalaikudal Police Station,
Salem District.
Cr.No.109 of 2026.
..Respondent
Prayer: Criminal Original Petition filed under section 482 of BNSS to enlarge
the petitioner on bail in the event of arrest in crime No.109 of 2026 on the file
of the Respondent.
For Petitioner: C.Deepakkumar
For Respondent: Mr.P.Dhileepan
Govt.Advocate (Crl Side)
ORDER
The petitioner apprehends arrest for the alleged offence under Sections
132, 351(2) of BNS and Section 4 of TNPHW Act, 2002 in Crime No.109 of
2026 on the file of the respondent police seeks anticipatory bail.
2. The case of the prosecution is that the de facto complainant is the
Headmaster in a school. The petitioner has intimidated the differently abled
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Headmaster over phone with dire consequences and in furtherance thereof the
present FIR has been registered.
3. The learned counsel for the petitioner submitted that the petitioner was
innocent and that he has been falsely implicated in this case. He further
submitted that he is ready to abide by any stringent condition that may be
imposed by this Court and he is ready to co-operate for investigation. Hence, he
prays to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the
respondent police reiterated the prosecution case and strongly opposed the bail
application and submitted that the conduct of the petitioner has to be viewed
seriously as he has misused the position of a Panchayat Ward Councilor and
intimidated a public servant. Hence, he opposed to grant anticipatory bail to the
petitioner.
5. I have given my anxious consideration to the submissions made by the
learned counsel on either side and perused the materials available on record.
6. Considering the facts and circumstances of the case, the said submission
of the learned Government Advocate (Crl.Side) cannot be lightly ignored.
However, the fact to be considered is whether any custodial interrogation is
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required. Taking into consideration of the nature of allegation, this Court is of
the firm view that custodial interrogation of the petitioner is not required.
However, this Court is inclined to enlarge the petitioner on anticipatory bail on
certain stringent 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 is made ready, before the learned Judicial
Magistrate-II, Mettur, on condition that the petitioner shall execute a bond
for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties
each, for a like sum to the satisfaction of the learned Magistrate concerned, and
on further conditions:
(a) If the petitioner fails to surrender before the concerned
learned 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 is directed to deposit a non-
refundable sum of Rs.1,00,000/- (Rupees One Lakh only)
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through Demand Draft in favour of the “The Headmaster,
Pudusampalli Government Higher Secondary School,
Pudusampalli, Mettur Taluk, Salem District”. The Demand
Draft shall be handed over to the Assistant Educational
Officer, Salem District.
(d) On receipt of such amount, the Headmaster,
Pudusampalli Government Higher Secondary School,
Pudusampalli, Mettur Taluk, Salem District is directed to
utilise the said amount for the welfare of the School.
(e) The petitioner shall report before the respondent
Police, everyday at 10.30 a.m., for a period of one week and
thereafter, as and when required for interrogation;
(f) 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];
(f) If the petitioner thereafter absconds, a fresh FIR can be
registered under Section 269 of BNS Act.
08-04-2026
SHL
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To:
1. The Judicial Magistrate-II,
Mettur
2. The Inspector of Police,
Karumalaikudal Police Station,
Salem District.
3. The Assistant Educational Officer,
Salem District.
4.The Headmaster,
Pudusampalli Government Higher Secondary School,
Pudusampalli, Mettur Taluk, Salem District
5. The Public Prosecutor
High Court of Madras
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C.KUMARAPPAN J.
SHL
08-04-2026
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