Zabiullah v. State Represented By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Zabiullah ..Petitioner Vs State Represented by The Inspector of Police Vaniyambadi Town Police Station, Tirupattur District.

Cr.No. 32/2026.

..Respondent Prayer: Criminal Original Petition filed under section 483 of BNSS to enlarge the petitioner on bail in Crime No.32 of 2026 pending on the file of the Sub Inspector of Police Vaniyambadi town Police Station Tirupathur District. For Petitioner:

Mr.S.Siddharth For Respondent:

Mr.S.Vinoth Kumar Government Advocate (Crl.Side) Order The petitioner, who was arrested and remanded to judicial custody on 26.01.2026 for the alleged offence under Section 4 of the Tamil Nadu Public Property (Prevention of Damage & Loss) Act, 1992 in Crime No.32 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to previous enmity, the petitioner went to the house of the de facto complainant threatened him and his family members and set fire to his two wheeler. Hence, this case.

3. The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in the present case and that he has not committed any offence as alleged by the prosecution and the petitioner has been incarcerated since 26.01.2026. He would further submit that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioner.

4. Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that the petitioner has damaged the two wheeler worth Rs.80,000/- by setting it to fire and no injury sustained. However, he opposed the grant of bail to the Petitioner.

5. I have given my anxious consideration to either side submissions and perused the materials available on record.

6. From the submissions made by the learned counsel on either side and considering the nature of allegation against the petitioner and the duration of his

incarceration and that there is no injury sustained by anyone; and investigation might have been completed by this time, this Court is inclined to enlarge the petitioner on bail on certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate Court, Vaniyambadi at Tirupathur District, and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioner shall report before the respondent police daily at 10.30 a.m. and at 05.30 p.m for a period of 30 days and thereafter, as and when required for interrogation;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with

law as if the aforementioned 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)13 SCC 283];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

18-03-2026 SHL Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To:

1. The Judicial Magistrate Court, Vaniyambadi Tirupathur District

2. The Sub Jail Vaniyambadi, Tirupathur District

3. The Inspector of Police Vaniyambadi Town Police Station, Tirupattur District.

4. The Public Prosecutor High Court of Madras

C.KUMARAPPAN J.

SHL 18-03-2026