Anbarasan Vs State by The Inspector of Police

PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner in the event of his arrest in Cr.No.223 of 2026 on the file of the respondent Police Station, and thus render justice.

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For Petitioner(s): M/s.P.Pugalenthi For Respondent(s): MR.N.PALANIVEL, GOVT.ADVOCATE (CRL.SIDE)

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ORDER

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The petitioner, who apprehends arrest for the alleged offence under

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Section 191(2), 191(3), 109, 132, 223 of BNS, 2023 r/w 3 of TNPPDL Act, in

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Crime No.223 of 2026, on the file of the respondent police seeks anticipatory bail.

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 19559 of 2026

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2.The prosecution's case is that on 11.07.2026, while the defacto complainant, a Woman Head Constable, was on security duty at Othiyathur in connection with the Ambedkar statue issue, an unlawful assembly of more than 50 persons was formed, led by the accused. Despite repeated directions from the revenue and police officials to disperse, the accused allegedly instigated the crowd to continue the protest, raised slogans against the officials, and disturbed public order. During the incident, members of the unlawful assembly allegedly pelted stones at the police personnel, causing the defacto complainant to sustain a bleeding injury to her forehead. Hence, the case.

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3.The learned counsel for the petitioner submitted that the petitioner was merely conducting a demonstration for the erection of an Ambedkar statue, during which an altercation took place, leading to the registration of the present FIR. Hence, he prayed for the grant of anticipatory bail to the petitioner.

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4.The learned Government Advocate (Crl. side) appearing for the respondent police reiterated the prosecution's case and submitted that there are no previous criminal antecedents against the petitioner. He further submitted that no one sustained any serious injuries in the aforesaid incident.

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5.Considering the facts of the case, and noting that according to the FIR

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 19559 of 2026

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there are no criminal antecedents against the petitioner and no serious injuries were sustained by anyone, this Court finds that the custodial interrogation of the petitioner is not required for the investigation. Accordingly, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to the following conditions:

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Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate Court No.2, Aththur, Salem., 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

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(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;

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(b) the petitioner shall report before the respondent police, everyday at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation;

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(c) the petitioner shall not tamper with evidence or witness either during investigation or trial;

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 19559 of 2026

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(d) the petitioner shall not abscond either during investigation or trial;

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(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]; and;

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(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

22-07-2026

GBI

To

1.The Judicial Magistrate Court No.2, Aththur, Salem.

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2.State by The Inspector of Police, Gangavalli Police Station, Salem.