Settu v. State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-05-2025
CORAM
THE HONOURABLE MR JUSTICE N.SENTHILKUMAR CRL.OP No. 15585 of 2025 Settu Petitioner Vs The State Represented by, The Inspector of Police, Arni Taluk Police Station, Tiruvannamalai District (Cr.No.230 of 2025) Respondent For Petitioner(s):
Mr.S.L.Venkatesan For Respondent(s): Mr.A.Gopinath Government Advocate (Criminal Side) PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail in the event of his arrest by the respondent police in Crime No.230 of 2025 pending investigation on the file of the respondent police.
ORDER
The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 324(3) of BNS Act, 2023 and 3(1) of Public Property Prevention of Damage and Loss (PPDL) Act, 1992, in 1 / 4
Crime No.230 of 2025, on the file of the respondent Police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner is alleged to have cut 25 palm trees in Government Poramboke land without any valid permission. Hence, the case.
3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.
4. The learned Government Advocate (Crl. Side) appearing for the respondent submitted that the petitioner has indulged in cutting of 25 palm trees in Government Poramboke land without any valid permission. However, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Arni, Thiruvannamalai District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with 2 / 4
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, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that: (a) the petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation.
[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[c] the petitioner shall not abscond either during investigation or trial. [d] 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].
[e If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.2023.
21.05.2025 gv/jai "Note:
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
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N.SENTHILKUMAR.,J.
Gv/jai
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 learned Judicial Magistrate, Arni, Thiruvannamalai District.
2. The Inspector of Police, Arni Taluk Police Station, Tiruvannamalai District (Cr.No.230 of 2025) 3.The Public Prosecutor, High Court, Madras.
CRL .OP No. 15585 of 2025 21.05.2025 4 / 4