S.Sridhar v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-10-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.21933 of 2025 S. Sridhar ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, CBCID, Puducherry.

(Crime No.171 of 2025) ... Respondent (Respondent Amended as per the order of this Court in Crl.M.P.No.18308 of 2025, dated 07.10.2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in the event of arrest by the respondent in Crime No.171 of 2025 on the file of the respondent police.

For Petitioner(s) :

Mr. S.Ashok Kumar, Senior Advocate for Mr. K. Gandhi Kumar For Respondent(s) :

Mr. K.S. Mohandass Public Prosecutor (Puducherry) ******* 1/6

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 308(2), 308(3) and 61(2)(b) of BNS in Crime No.171 of 2025 on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that on 31.07.2025, the accused/ A1 namely Babu approached the Inspector of Police, Odiansalai Police Station, Puducherry, who is the defacto complainant stating that, he on representing the petitioner herein/ A2, who belongs to one of the political parties in the State, approached him and conversed in respect of a complaint filed against the Superintendent of Police one Selvam at the Public Redressal Forum held at the Orleanpet on 26.07.2025; that in order to resolve the said complaint, A1 instigated the defacto complainant to get money from the said Selvam. Hence, this case.

3. The learned counsel appearing for the petitioner submitted that since the petitioner had earlier lodged a complaint against certain Police Officials for the professional misconduct done by them, a false criminal 2/6

case has been lodged against this petitioner in order to harass him. He further submitted that except the statement of the co-accused one Babu, there is no other material to implicate the petitioner in this case and the petitioner is ready to abide by any conditions that may be imposed by this Court, hence sought for anticipatory bail to the petitioner. 4.

The learned Public Prosecutor (Puducherry) appearing for the respondent police while opposing the anticipatory bail to the petitioner reiterated the prosecution case and submitted that audio recordings were available to connect the petitioner in this case; and that the investigation was completed and final report also filed.

5. Considering the facts and circumstances of this case, nature of allegation and taking note of the fact that investigation was completed and charge sheet also filed, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. 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 3/6

from the date on which the order copy made ready, before the learned Judicial Magistrate-II, Puducherry 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 condition that: [a] if the petitioner fails to surrender before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, 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 the identity proofs to ensure their identity; [c] the petitioner shall report before the Trial Court concerned daily at 10.30 a.m., for a period of two weeks and thereafter, on all hearing dates without fail; [d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed 4/6

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)13 SCC 283];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

07.10.2025 (2/2) stn To

1. The Judicial Magistrate-II, Puducherry.

2. The Inspector of Police, CBCID, Puducherry.

(Crime No.171 of 2025)

3. The Public Prosecutor, High Court of Madras.

5/6

K. RAJASEKAR, J.

stn Crl.O.P. No.21933 of 2025 07.10.2025 (2/2) 6/6