Anbazhagan v. State Rep. By Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-09-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Anbazhagan Petitioner(s) Vs State Rep. by Inspector of Police Vadaponparappi Police Station, Kallakurichi District.
Respondent(s) PRAYER Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner on Anticipatory bail, in the event of his arrest, concerned in Cr.No. 180 of 2025 on the file of the Respondent police.
For Petitioner(s):
Mr.Amarnath Srinivasan For Respondent(s):
Mr.S.Udayakumar Government Advocate (Crl.side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 331(4), 305(a) & 62 of BNS Act 2023, in Crime No.180 of 2025, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner along with the other accused had attempted to commit theft in temple hundi by using a stick with chewing gum. Hence, the complaint.
3. The learned counsel appearing for the petitioner would submit that the petitioner is a student and he has nothing to do with the alleged offence. Hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl. Side) appearing for the respondent reiterated the prosecution case and on instructions submitted that the co-accused has already been released on bail. He further submitted that there is no previous case pending against the petitioner.
5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and also perused the materials available on record.
6.Considering the nature of dispute; that the co-accused has already been released on bail and the fact that 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 subject to the following conditions: (a) Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his/her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Sankarapuram, Kallakurichi District 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 said Magistrate, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
[b] the petitioner shall report before the respondent police every
Sunday at 10:30 a.m., for a period of four weeks and thereafter as and when required for interrogation;
[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];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
gbi 12-09-2025 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 the official website of this Court will be watermarked and will also have a QR code.
To 1.State Rep. by Inspector of Police Vadaponparappi Police Station, Kallakurichi District.
2.The Judicial Magistrate, Sankarapuram, Kallakurichi District.
3.The public prosecutor, High Court of Madras.
T.V.THAMILSELVI J.
gbi CRL OP No. 24500 of 12-09-2025