John Elangovan Vs the State of Andhra Pradesh — Andhra Pradesh HC (2025) — LawSathi Research

John Elangovan Vs the State of Andhra Pradesh — Andhra Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Criminal Petition disposed of with directions: police to follow Section 35(3) BNSS procedure scrupulously per Arnesh Kumar guidelines; petitioner to remain available for investigation, appear before the Station House Office concerned as required, and refrain from causing threat, inducement or promise to prosecution witnesses.

Issue for consideration

Whether the petitioner/accused is entitled to anticipatory bail / protection from coercive police action in connection with Crime No.182 of 2024 of Tada Police Station. +2 more

Court's answer

Though the offences alleged are punishable with imprisonment less than seven years, considering the involvement of huge amounts in the crime, the Court disposed of the criminal petition with conditions rather than granting unconditional protection.

Ratio / Principle

The police were directed to follow the procedure contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, scrupulously, as per the guidelines enunciated in Arnesh Kumar Vs. State of Bihar and another.

Key takeaways

The petitioner shall make himself available for investigation as and when required, shall not cause any threat, inducement or promise to the prosecution witnesses, and shall appear before the Station House Office concerned as and when required.ratio¶31
With the above directions, the Criminal Petition was disposed of.ratio¶32

Detailed headnote1 paragraphs

Criminal Petition under Article 227-type special original jurisdiction of the High Court of Andhra Pradesh at Amaravati (Crl.P. No. 3549 of 2025, decided 17.04.2025 by T. Mallikarjuna Rao, J.), filed by the accused in Crime No. 182 of 2024 of Tada Police Station, Tirupati District, registered for offences punishable under Sections 316(4) and 318(4) of BNS, seeking anticipatory bail. Counsel for the petitioner confined the prayer to protection from coercive police action on the ground that the offences are punishable with imprisonment of less than seven years, and prayed that the police be directed to follow the procedure under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023; the Assistant Public Prosecutor did not oppose, noting involvement of huge amounts and seeking conditions. Holding that although the offences attract punishment below seven years, the involvement of huge amounts warranted conditions, the Court disposed of the petition directing the police to scrupulously follow Section 35(3) BNSS as per the guidelines in Arnesh Kumar Vs. State of Bihar and another, (2014) 8 SCC 273, and directing the petitioner to make himself available for investigation, appear before the concerned Station House Office when required, and not cause any threat, inducement or promise to prosecution witnesses.

APHC010150102025

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3369] (Special Original Jurisdiction)

THURSDAY ,THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO

CRIMINAL PETITION NO: 3549/2025

Between:

John Elangovan

...PETITIONER/ACCUSED

AND

The State Of Andhra Pradesh

...RESPONDENT/COMPLAINANT

Counsel for the Petitioner/accused:

1.SRINIVASA RAO NARRA

Counsel for the Respondent/complainant:

1.SIVAPRASAD REDDY VENATI

2.PUBLIC PROSECUTOR

The Court made the following:

Order:

This Criminal Petition has been filed by the

petitioners/accused, seeking anticipatory bail, in connection with Crime No.182 of 2024 of Tada Police Station, Tirupati District.

A case has been registered against the petitioner herein

for the offence punishable under Sections 316(4) and 318(4) of BNS.

2

Learned counsel for the petitioner, after arguing for some time, has confined his argument to the extent of protecting the petitioner herein from the coercive action by the police on the ground that the offences alleged are punishable with imprisonment of less than seven years and prays this Court to direct the police to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

On the other hand, learned Assistant Public Prosecutor did not oppose the same and concurred with the submission made by the learned counsel for the petitioner for the reason that the offences alleged are punishable with imprisonment of less than seven years. He further submits that the alleged offences are involvement of huge amounts and certain conditions may be imposed.

Heard. Perused the material on record.

Though the offences alleged are punishable with imprisonment less than seven years, considering the involvement of huge amounts in the above said crime, this Court is inclined to dispose of the criminal petition with the following conditions:

3

(i) This Court directs the police to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, scrupulously, as per the guidelines enunciated in Arnesh Kumar Vs. State of Bihar and another¹ .

(ii) The petitioner shall make himself available for investigation as and when required and that he shall not cause any threat, inducement or promise to the prosecution witnesses. The petitioner shall appear before the Station House Office concerned, as and when required.

With the above directions, the Criminal Petition is disposed of.

_____________________ T. MALLIKARJUNA RAO, J

17.04.2025 S D P

1 (2014) 8 SCC 273

4

HON’BLE SRI JUSTICE T. MALLIKARJUNA RAO

Criminal Petition No.3549 of 2025

Dated:17.04.2025

S D P