R v Ashok Kumar Vs State Of Tamilnadu Rep By Inspector Of Police, Karur Town

For Petitioner : Mr.N.R.Elango, Senior Counsel for T.Sugadev For Respondent : Mr.T.Gowtham Additional Advocate General Assisted by Mr.N.Balasubramanian Counsel for the State of Tamil Nadu(Crl.Side)

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PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS

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PRAYER :-

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For Anticipatory Bail in Cr.No.378 of 2023 on the file of the respondent police.

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

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CRL OP(MD). No. 12242 of 2026 ORDER : The Court made the following order :-

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The petitioner/accused, who apprehend arrest at the hands of the

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respondent for the offences punishable under Sections 147,323 and 353 of IPC @ 147, 323,353 and 506(ii) of IPC in Crime No.378 of 2023 on the file of the respondent police, seeks anticipatory bail.

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The defacto complainant in this case is the official of the Income Tax Department. The case of the prosecution is that on 26.05.2023 at about 06.45a.m., the defacto complainant along with other officials went to the residential premises of one Thangamani at No.19, AKC Colony, Chinnandan Kovil Road, Karur in pursuance of search warrant. At that time more than 50 persons besiege the officials, prevented other officials from conducting official duty, manhandled them, further they threatened with dire consequences. Hence the case.

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The learned counsel for the petitioner would submit that the respondent police have registered a false case against the petitioner. There are totally one named accused and 50 unnamed accused in this case. The alleged occurrence took place on 26.05.2023 and this petitioner was not present in the scene of occurrence and none of the named accused and 2/7

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

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CRL OP(MD). No. 12242 of 2026 others were implicated in the presence of the petitioner . The petitioner is

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not a named accused in the First Information Report and he is a younger brother of the former Minister, Government of Tamil Nadu and now due to change of Government regime the respondent had tried to arrest the accused. Even as per the First Information Report no allegation as against this petitioner. Earlier the State has filed intervening application and in that application also no any incriminating materials stated as against the petitioner. Even according to the case of prosecution the allegation is only he had abetted to commit the offence and there are no materials available to implicate the petitioner and further custodial interrogation of the petitioner is also not necessary as the allegation is the petitioner only induced the other accused and no summons was issued to the petitioner for investigation purpose. The raid was conducted with the help of CISF and therefore prayed to grant grant anticipatory bail to the petitioner.

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The learned Additional Advocate General appearing for the respondent would submit that the petitioner is the master mind to the said occurrence and while the defacto complainant conducted raid, at the instigation of this petitioner the other accused manhandled the officers and misbehaved with the lady officer and they also taken away the laptop and 3/7

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

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CRL OP(MD). No. 12242 of 2026 pendrive and the victims also sustained injuries. Further more than 50

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persons involved in the occurrence but only seven persons were arrested. Though further statements were recorded this petitioner was implicated as an accused due to political power he was not arrested and some of the accused are also absconding and therefore custodial interrogation of the petitioner is necessary in this case and further public properties and car have also been damaged. The petitioner is also involved in previous case and investigation is pending, thereby strongly objected to grant anticipatory bail to the petitioner.

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Heard both sides and perused the materials available on record.

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Considering the rival submissions on either side, considering the

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nature of offences and the allegation against this petitioner is that he induced the other accused to commit the offence and thereby abetted to commit the offence, however the petitioner is not the named accused in the First Information Report, the raid was also completed and further the alleged occurrence took place in the year 2023 and by this time material part

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of the investigation might have been completed and co-accused were already released on bail and though the petitioner has previous cases those 4/7

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

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CRL OP(MD). No. 12242 of 2026 cases are not similar kind of offence and already bail was granted in those cases and further custodial interrogation of the petitioner is not required and the allegation is only aided to commit the offence and also considering

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all other factors, this Court is inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

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[a] 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 Judicial Magistrate No.I, Karur 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 learned Magistrate concerned and on further conditions that:

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[b] the petitioner shall report before the respondent police, on every Saturday at 10.00 a.m., for a period of four weeks..

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[c] the petitioner shall not commit any offences of similar nature.

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[d] the petitioner shall not abscond either during investigation or trial.

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

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CRL OP(MD). No. 12242 of 2026 [e] the petitioner shall not tamper with evidence or witness

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either during investigation or trial.

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[f] On breach of any of the aforesaid conditions, the learned Judicial 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].

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[g] If the accused thereafter absconds, a fresh FIR can be

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registered under Section 269 B.N.S.

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(P D B J) 25.06.2026 aav

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To

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1.The Judicial Magistrate No.I, Karur

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