K.Anbalagan v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.06.2025
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN K.Anbalagan ... Petitioner Vs.
1. The Superintendent of Police, PCR Cell, N.Rangasamy St., Gorimedu, Ananda Nagar, Puducherry - 605 006.
2. The Inspector of Police, PCR Cell, N.Rangasamy St., Gorimedu, Ananda Nagar, Puducherry - 605 006.
3. A.Manikandan (Crime No.1 of 2025) ... Respondents PRAYER : Criminal Original Petition has been filed under Section 482 of BNSS to enlarge the petitioner on bail in the event of arrest by the respondent Police in Crime No.1 of 2025 pending investigation on the file of the respondent Police.
For Petitioner : M/s.R.Apoorva For R1 & R2 : Mr.K.S.Mohandass Public Prosecutor (Puducherry) For R3 : M.Velmurugan
ORDER
The petitioner, who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 296, 351(2) Page No.1 of 6
of BNS r/w Section 3(1)(r) and 3(1)(s) of the SC/ST (PoA) Act, 1989, in Crime No.1 of 2025 on the file of the respondent, seeks anticipatory bail.
2. The case of the prosecution as per the de facto complainant is that he was appointed as an Assistant Manager-HR on 12.10.2023 in Hindustan National Glass and Industries Limited, where the accused were also working. Due to the personal issue and grudge against the de facto complainant, the accused had committed the aforesaid offence. Hence the case.
3. Learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He further submitted that due to the personal vengeance against the petitioner, the de facto complainant had given a false complaint as if the petitioner had abused him by saying his caste name. He also submitted that the petitioner had nothing to do with the alleged offence and even the complaint was given belatedly after the date of occurrence, hence, he prayed for grant of anticipatory bail to the petitioner.
4. Learned Public Prosecutor (Puducherry) appearing for respondents 1 & 2 reiterated the prosecution case and opposed for grant of anticipatory bail to the petitioner.
5. Learned counsel appearing for the third respondent vehemently Page No.2 of 6
opposed for grant of anticipatory bail to the petitioner stating that the petitioner had continuously harassed the third respondent by using his caste name in the office.
6. Heard both sides and perused the materials available on record.
7. Considering the above facts and circumstances of the case and also taking note of the nature of allegation, this Court finds that the custodial interrogation of the petitioner is not required in this case, therefore, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
8. 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 Principal Sessions Judge, Pondicherry, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each 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:
Page No.3 of 6
[a] 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 second respondent Police everyday at 10.30.a.m., for a period of two weeks and thereafter, as and when required for interrogation;
[c] the petitioner shall not abscond during during investigation or trial;
[d] the petitioner shall not tamper with evidence or witness 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];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
23.06.2025 ham Page No.4 of 6
To
1. The Principal Sessions Judge, Pondicherry.
2. The Superintendent of Police, PCR Cell, N.Rangasamy St., Gorimedu, Ananda Nagar, Puducherry - 605 006.
3. The Inspector of Police, PCR Cell, N.Rangasamy St., Gorimedu, Ananda Nagar, Puducherry - 605 006.
4. The Public Prosecutor (Puducherry), High Court, Madras.
Page No.5 of 6
G.K.ILANTHIRAIYAN , J.
ham 23.06.2025 Page No.6 of 6