✦ High Court of India · 12 Sep 2025

High Court · 2025

Case Details High Court of India · 12 Sep 2025
Court
High Court of India
Decided
12 Sep 2025
Length
1,431 words

CRL OP No. 14135 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 12-09-2025CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICRL OP No. 14135 of 2025ANDCRL OP NO. 16308 OF 2025,CRL OP NO. 14137 OF 2025,CRL OP NO. 14238 OF 20251. ThanigaiselvanS/o Late N. Jayaraman, Sivagami Nagar, Reddypalayam, PuducherryPetitioner(s)Vs1. The Superindentent Of PolicePCR Cell, N. Rangasamy St, Gorimedu, Ananda Nagar, Puducherry - 6050062.The Inspector Of Police,PCR Cell, N. Rangasamy St, Gorimedu, Ananda Nagar, Puducherry - 605006Respondent(s)CRL OP No. 16308 of 20251. Mr. Girish Sriram JunejaS /o. Nihalchand Juneja - RP of HIGIL EY Restructuring LLP, 14th Floor, Ruby, Senapati Bapat Marg, Dadar (W), Mumbai - 400 028. https://www.mhc.tn.gov.in/judis CRL OP No. 14135 of 2025Petitioner(s)Vs1. he State Rep. by the Superintendent of Police,Kolkata2.The State Rep. by the Inspector of Police,PCR Cell, N. Rangasamy St, Gorimedu, Ananda Nagar, Puducherry - 6050063.A. ManikandanS/o V. Ayyasamy 1/78, Main Road, Okkur Post, Keezhvelur TK, Nagapattinam District, Tamil Nadu - 611 001 (Crime No. 1 of 2025 on the file of 2nd Respondent)Respondent(s)CRL OP No. 14137 of 20251. Padmanabhan IyerS/o Sankaranarayanan lyer, 50-57, Gracee Street, Lawspet, Puducheryy - 605 008Petitioner(s)Vs1. The Superintendent of Police,2.The Inspector of Police,PCR Cell, N.Rangasamy St. Gorimedu, Ananda Nagar, Puducherry - 605 006. https://www.mhc.tn.gov.in/judis CRL OP No. 14135 of 20253.A. ManikandanS/o V. Ayyasamy 1/78, Main Road, Okkur Post, Keezhvelur TK, Nagapattinam District, Tamil Nadu - 611 001Respondent(s)CRL OP No. 14238 of 20251. P Srinivassan2, VOC Street, Chilli Nagar, Villianur, PuducherryPetitioner(s)Vs1. The State Rep. by the Superintendent of Police,2, VOC Street, Chilli Nagar, Villianur, Puducherry2.The State Rep. by the Inspector of Police,PCR Cell, N. Rangasamy St, Gorimedu, Ananda Nagar, Puducherry - 6050063.A. ManikandanS/o V. Ayyasamy 1/78, Main Road, Okkur Post, Keezhvelur TK, Nagapattinam District, Tamil Nadu - 611 001 (Crime No. 1 of 2025 on the file of 2nd Respondent)Respondent(s) https://www.mhc.tn.gov.in/judis CRL OP No. 14135 of 2025CRL OP No. 14135 of 2025PRAYERTo enlarge the Petitioner/Accused on bail in the event of arrest by the Respondent Police in Crime No. 1 of 2025 pending investigation before the Respondent and to pass such other suitable orders as may deem fitCRL OP No. 16308 of 2025PRAYERTo enlarge the Petitioner/Accused on Anticipatory bail in the event of arrest by the Respondent Police in Crime No. 1 of 2025 pending investigation before the Respondent and to pass such other suitable orders as may deem fit and thus render justice.CRL OP No. 14137 of 2025PRAYERTo enlarge the Petitioner/Accused on bail in the event of arrest by the Respondent Police in Crime No.1 of 2025 pending investigationCRL OP No. 14238 of 2025PRAYERTo enlarge the Petitioner/Accused on bail in the event of arrest by the Respondent Police in Crime No. 1 of 2025 pending investigation before the Respondent and to pass such other suitable orders as may deem fit.CRL OP No. 14135 of 2025For Petitioner(s):APOORVABfs LegalD. FerdinandK.M Aasim ShehzadNatesh. KLokheshvaran AFor R1 & R2:For R3 Mr. A. Alexander, Government Advocate (puducherry) Mr. M. Velmurugan https://www.mhc.tn.gov.in/judis CRL OP No. 14135 of 2025COMMON ORDERThese petitions have been filed to enlarge the Petitioners/Accused on bail in the event of arrest by the Respondent Police in Crime No. 1 of 2025 pending investigation before the Respondent.2. The learned counsel for the petitioner submits that the petitioners have been falsely implicated in this case as if they were harassed the defacto complainant by mentioning his caste name while he was employed in Hindustan National Glass and Industries Limited( for the sake of convenience hereinafter referred as ''Company'').3. The learned counsel for the petitioner submits that now the said company is under NCLAT Proceedings. As per the NCLT proceedings the INSCO is to going to take over by the said company.4. The learned counsel for the petitioners submit that due to the pendency of the criminal proceedings the petitioners are not able to get into new company and their valuable employement opportunity would be affected, and they are put to much hardships. The learned counsel for the petitioners further submit that in https://www.mhc.tn.gov.in/judis CRL OP No. 14135 of 2025order wreak vengeance the defacto complainant gave a false complaint against the petitioners. Therefore, he prayed to grant bail to the petitioners.5. The learned counsel for the defacto complainant submits that the petitioners were insulted the defacto complainant and also not considered his employment though certificate of probation was certified in his favour. In spite of the appraisal probation report dated 05.06.2025, which recommended that he may be confirmed and his performance satisfactory. In spite of that authorities failed to continue his job as Assistant Manager H.R. Therefore, he raised strong objection to grant anticipatory bail.6. The learned Government Advocate submits that case is under investigation.7. Further on perusal of recitals of FIR, it reveals that the defacto complainant was appointed as Assistant H.R Manager and subsequently he was came out from the company in the month of May 2025. According to the company his performance was not satisfactory. Thereafter, near about 9 months later the defacto complainant gave an complaint as if he was ill-treated by the petitioners and A1 by mentioning his caste name.Probation appraisal report https://www.mhc.tn.gov.in/judis CRL OP No. 14135 of 2025was given on 05.06.2024 and thereafter he left the job in the month of July 2024. By way of reply, the learned counsel for the petitioners submit that officials of the company offered some other posts for that he was not inclined to accept for the reasons that he was unwell so he unable to accept that proposals wherein he was transferred to some other State in North India. 9. Considering all these submissions now the fact reveals that company is going to take over by the some other new company. Even the petitioners are taking steps to get new job in that company. So also the defacto complainant is still having chance to enter into new company at his efforts. As on date, including the petitioners are standing in the line to get job in the new company. If the bail is not given, they will be put into much hardship. Further, on perusal of the FIR, it reveals that near about 7months later complaint was given against the petitioners, who are all officials as if he was iltreated by the petitioners by uttering his caste name. therefore prime facie material available to grant anticipatory bail. As discussed above, this Court is inclined to grant anticipatory bail to the petitioners. https://www.mhc.tn.gov.in/judis CRL OP No. 14135 of 202510. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Sessions Judge, Pondicherry, 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 learned Magistrate concerned and on further condition that:[a] the petitioners and 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. [b] The petitioner in Crl. OP No. 16308 of 2025 is living in Bombay, hence, he is directed to report before the respondent police as and when required for interrogation. Other petitioners are directed to report before the respondent police on every Saturday at 10.00 a.m for a a period of 8 weeks. [c] the petitioners shall not tamper with evidence or witness either during investigation or trial. https://www.mhc.tn.gov.in/judis CRL OP No. 14135 of 2025 [d] the petitioners 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 petitioners 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 BNS.12-09-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/No https://www.mhc.tn.gov.in/judis CRL OP No. 14135 of 2025CRL OP No. 14135 of 2025To1. The The Sessions Judge, Puducherry.2. The Superindentent Of PolicePCR Cell, N. Rangasamy St, Gorimedu, Ananda Nagar, Puducherry - 6050063.The Inspector Of Police,PCR Cell, N. Rangasamy St, Gorimedu, Ananda Nagar, Puducherry – 605006 https://www.mhc.tn.gov.in/judis CRL OP No. 14135 of 2025T.V.THAMILSELVI J.CRL OP No. 14135 of 2025AND CRL OP NO. 16308 OF 2025,CRL OP NO. 14137 OF 2025,CRL OP NO. 14238 OF 202512-09-2025

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