Pandian v. The State Rep.By, The Station House Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-04-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP No. 13150 of 2025 P.Pandian Petitioner(s) Vs State Rep By, The Station House Officer, Tittagudi Police Station, Cuddalore District.
Crime No. 80 of 2025.
Respondent For Petitioner(s) : Mr.Suresh Raghupathy For Respondent : Mr.S.Balaji, Government Advocate (Criminal Side) PRAYER To enlarge the petitioner on anticipatory bail in the event of his arrest by the respondent in Crime No.80 of 2025 on the file of the Respondent.
ORDER
The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 296(b), 329(4), 115(2) and 303(2) of BNS in Crime No.80 of 2025, on the file of the respondent Police, seeks anticipatory bail.
2. The case of the prosecution is that the defacto complainant is the President of Sengunda Mahajana Sangam, Tittagudi. On the date of occurrence, there was a wordy quarrel between the petitioner and the defacto complainant regarding trust financial records, due to which, the petitioner
abused him in filthy language and taken away a sum of Rs.25,700/- and also Trust Account files. Hence, the case.
3. Learned counsel appearing for the petitioner submitted that the allegations are false; that he has been falsely implicated in this case; that the petitioner requested the defacto complainant to furnish the account details in the meeting, for which, a false complaint has been lodged and in any case, the custodial interrogation of the petitioner is not required and sought for anticipatory bail to the petitioner.
4. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioners, reiterated the prosecution case and on instructions submitted and on instructions submitted that the property has been recovered and that the petitioner has no bad antecedents.
5. Heard the learned counsel for the petitioner, the learned Government Advocate (Criminal Side) appearing for the respondent police. 6.Considering the nature of allegations; the fact that the property has been recovered, the petitioner has no bad antecedents and since the custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner on 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 days from the
date on which the order copy made ready, before the learned Judicial Magistrate, Tittagudi, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 Aadhar card or Bank pass Book to ensure their identity;
[b] the petitioner shall report before the respondent Police daily at 10.30 a.m., until further orders. [c] the petitioner shall not tamper with 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 petitioner 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];
SUNDER MOHAN J.
drl [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. drl 28-04-2025 To
1. The Station House Officer, Tittagudi Police Station, Cuddalore District.
2.The Public Prosecutor, High Court, Madras.
CRL OP No. 13150 of 2025