High Court · 2025

CRL OP(MD). No.12642 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )Date : 14/08/2025PRESENTTHE HONOURABLE MR. JUSTICE P. VADAMALAICRL OP(MD). No.12642 of 2025andCRL MP(MD). No.10471 of 2025Raja,S/o.Karunanithi ... Petitioner/Sole Accused VsThe State of Tamil Nadu,Rep. by, the Inspector of Police,Thanjavur Taluk Police Station,Thanjavur District.(Crime No.496 of 2025) ... Respondent/Complainant For Petitioner : Mr.K.M.Karunakaran, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) For Intervenor : Mr.M.Jegadeesh Pandian, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSSPRAYER :- For Anticipatory Bail in Crime No.496 of 2025 on the file of the Respondent Police.1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.12642 of 2025ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondentpolice for the offences punishable under Section 3(1) of Tamil Nadu Public Property(Prevention of Damage & Loss) Act, 1992 in Crime No.496 of 2025 on the file of therespondent police, seeks anticipatory bail.2. The case of the prosecution is that on 16.07.2025 at about 12.30 p.m., the de-facto complainant received a photo showing someone deliberately hitting a metalpost with a tractor. Upon further inquiry, the de-facto complainant found a videodated 15.07.2025 at 11.17 p.m., which showed the petitioner deliberately driving thetractor into the metal post bearing the cameras. In the said incident, the de-factocomplainant suffered a loss of Rs.50,000/- as damages. Hence, a case was registered.3. The learned counsel appearing for the petitioner submitted that thepetitioner is an innocent person and is in no way connected with the allegedoccurrence as stated by the prosecution. Due to previous dispute, and in order towreck vengeance, the de-facto complainant lodged the present false complaintagainst the petitioner. He, however, submitted that the petitioner is ready to deposita sum of Rs.50,000/- to show his bonafide and is willing to abide by any conditionsthat may be imposed by this Court. Hence, he seeks anticipatory bail. 4. The learned counsel for the intervenor submitted that due to the death of the2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.12642 of 2025de-facto complainant's close relative, the de-facto complainant was out of station onthe date of occurrence. Taking advantage of the same, the accused trespassed intothe de-facto complainant's property on 15.07.2025 at about 11.17 p.m., and by usinga tractor, damaged the CCTV cameras worth about Rs.50,000/-. He furthersubmitted that the investigation in this case is at a preliminary stage, and if theaccused is granted anticipatory bail, he may abscond from the clutches of law andtamper with the witnesses. Therefore, custodial interrogation of the accused is verymuch necessary to collect material facts. Hence, he strongly opposed to grantanticipatory bail to the petitioner. 5. The learned Government Advocate (Criminal Side) submitted that thepetitioner is the sole accused in this case. The properties have already beenrecovered. He further submitted that there are six previous cases registered againstthe petitioner. Hence, he opposed to grant anticipatory bail to the petitioner.6. Taking into consideration the facts and circumstances of the case, the natureof the offence, and taking note of the fact that the properties have already beenrecovered, and that as the date of registration of FIR is 18.07.2025, by this time mostof the investigation might have been completed, and also considering the bonafideexpressed by the petitioner, this Court is inclined to grant anticipatory bail to thepetitioner, subject to certain conditions. 3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.12642 of 20257. Accordingly, the petitioner is ordered to be released on bail in the event ofarrest or on her appearance, within a period of fifteen days from the date on whichthe order copy made ready, before the learned Judicial Magistrate No.2, Thanjavur,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 satisfactionof the respondent police or the police officer who intends to arrest or to thesatisfaction of the learned Judicial Magistrate No.2, Thanjavur, failing which, thepetition for anticipatory bail shall stand dismissed and on further condition that:(a) the petitioner and the sureties shall affix their photographs and left thumbimpression in the surety bond and the Magistrate may obtain a copy of their Aadharcard or Bank pass Book to ensure their identity;(b) the petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousandonly) to the credit of the Crime No.496 of 2025 on the file of the respondent-police,before the learned Judicial Magistrate No.2, Thanjavur, and on such deposit beingmade, the learned Judicial Magistrate shall accept the sureties furnished by thepetitioner and learned Judicial Magistrate shall deposit the said amount in aninterest bearing Fixed Deposit in any nationalized Bank initially for a period of oneyear and renew them periodically until the final order / judgment is passed in thecase in Crime No.496 of 2025. The Trial Court shall decide the entitlement to the4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.12642 of 2025deposit amount at the time of passing the final order or judgment;(c) the petitioner shall furnish his residential address and mobile number tothe learned Judicial Magistrate No.2, Thanjavur. In the event of any change in hisresidential address, the petitioner shall report the same to the learned JudicialMagistrate No.2, Thanjavur;(d) the petitioner shall report before the respondent police daily at 10.30 a.m.until further orders;(e) the petitioner shall not tamper with evidence or witness either duringinvestigation or trial;(f) the petitioner shall not abscond either during investigation or trial;(g) on breach of any of the aforesaid conditions, the learned Magistrate/ TrialCourt is entitled to take appropriate action against the petitioner in accordance withlaw as if the conditions have been imposed and the petitioner released on bail by thelearned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Courtin P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560] and;(h) if the accused/petitioner thereafter abscond, a fresh FIR can be registeredunder Section 269 of BNS, 2023.5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.12642 of 20258. Accordingly, this Criminal Original Petition is allowed. Consequently, theconnected Criminal Miscellaneous Petition is closed. sd/- 14/08/2025 / TRUE COPY / /09/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. mknTO1.The Judicial Magistrate No.2, Thanjavur.2.The Inspector of Police, Thanjavur Taluk Police Station,Thanjavur District.3.The Additional Public Prosecutor,Madurai Bench of Madras High Court, Madurai.+1 CC to M/s.K.M.KARUNAKARAN, Advocate (SR-8861[I] dated 14/08/2025) ORDER IN CRL OP(MD) No.12642 of 2025 Date :14/08/2025 SBN/10.09.2025 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6