[Cites 3, Cited by 0]
Madras High Court
Venkatesh @ Venkatasubramanian vs State Of Tamil Nadu, on 22 May, 2026
CRL OP No. 12085 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-05-2026
CORAM
THE HON'BLE MR.JUSTICE R.SAKTHIVEL
CRL OP No. 12085 of 2026
Venkatesh @ Venkatasubramanian
S/o. Venugopal,
No.66, Subramaniam Street,
Shevapet,
Salem District.
..Petitioner/Accused 2
Vs
State of Tamil Nadu,
Rep. by Inspector of Police,
Singanallur Police Station,
Coimbatore District.
(Crime No.964 of 2009)
..Respondent/
Complainant
Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik
Suraksha Sanhita, 2023, praying to enlarge the petitioner on bail in the event of
his arrest in S.C.N0.183 of 2017 pending trial on the file of the learned Principal
District Judge, Coimbatore.
For Petitioner: Mr.M.N. Balakrishnan
For Respondent: Mr.R.Ganesh Kumar,
Counsel for Government of Tamil Nadu
(Criminal Side)
ORDER
This Criminal Original Petition has been filed by the petitioner under
Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant an
order of pre-arrest bail.
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2. The petitioner apprehends arrest at the hands of the respondent Police
for the offences punishable under Sections 302 and 201 of Indian Penal Code in
Crime No.964 of 2009 on the file of the respondent police.
3. There are two accused involved in this case, wherein the petitioner
herein is arrayed as A2. The case was taken on file in S.C.No.183 of 2017 by
the learned Principal District Judge, Coimbatore and the trail was commenced.
During the trial, on 06.04.2026, the petitioner did not appear before the trial
Court and hence, Non Bailable Warrant was issued against him on 06.04.2026
which was not executed by the respondent police till date.
4. The learned counsel for the petitioner submits that since the petitioner
went to Bangalore for avocation, he did not appear before the trial Court on
06.04.2026. Further, he submitted that the learned counsel, who was engaged by
the petitioner has withdrawn his memo of appearance. He also submitted that
the petitioner apprehends that if the petitioner surrenders and file the recall
petition, there may be a possibility for dismissal of his recall petition and he
may be arrested. Hence, the petitioner filed the present petition praying for grant
of pre-arrest bail to the petitioner.
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5. Per contra, the learned Government Advocate (Criminal Side) on
instructions, submit that the petitioner is having 5 more previous cases and also
that in the present case, more than seven witnesses have been examined by the
trial Court. He further submitted that in order to protract the trial proceedings,
the petitioner wantonly failed to appear before the trial Court and thus, he
strongly opposed to grant anticipatory bail to the petitioner.
6. Heard both sides and also perused the materials available on record.
7. In view of the facts and circumstances of the case and considering the
submissions made by the petitioner, this Court is inclined to grant an order of
pre-arrest bail to the petitioner subject to the following conditions:
(i) The petitioner shall be released on bail in the event of his arrest or in
the event of his surrender before the learned Principal District Judge,
Coimbatore, within a period of 15 days from today, on executing a bond for a
sum of Rs.10,000/- (Rupees Ten Thousand only) along with two sureties each
for a like sum of Rs.10,000/- to the satisfaction of the learned Principal
District Judge, Coimbatore.
(ii) The petitioner shall appear before the learned Principal District
Judge, Coimbatore on all working days till the completion of the trial.
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(iii) The sureties shall affix their photographs and left thumb impression
in the Application for Suretyship [Judicial Form No.46 annexed to 'The
Criminal Rules of Practice, 2019]. The learned Principal District Judge,
Coimbatore shall obtain a copy of any one of their identity proofs to ensure
their identity;
(iv) The petitioner shall make himself available for interrogation by
police as and when required;
(v) The petitioner shall not, directly or indirectly, make any inducement,
threat or promise to any person acquainted with the facts of the case so as to
dissuade them from disclosing such facts to the Court or to any police officer;
(vi) The petitioner shall not, directly or indirectly, cause any threat to the
defacto complainant and witnesses and shall not tamper the evidence;
(vii) The petitioner shall not leave India without the prior permission of
the trial Court; and
(viii) On breach of any of the aforementioned conditions, the learned
Principal District Judge, Coimbatore is entitled to pass appropriate orders
against the petitioner in accordance with law as if the aforementioned
conditions are imposed by them as laid down by the Hon'ble Supreme Court in
P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].
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8. Accordingly, this Criminal Original Petition is allowed subject to the
conditions stated supra.
22-05-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
DP/SSD
Note:-
1.Registry is directed to forthwith
upload this order in the official
website of this Court.
2.All concerned to act on this order
being uploaded in official website of
this Court without insisting on
certified hard copies. To be noted,
this order when uploaded in official
website of this Court will be
watermarked and will also have a
QR code.
To
1.The Principal District Judge, Coimbatore
2.The Inspector of Police,
Singanallur Police Station,
Coimbatore District.
(Crime No.964 of 2009)
3.The Public Prosecutor,
Madras High Court.
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R.SAKTHIVEL, J.
DP/SSD
22-05-2026
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