S.Krishnamurthi v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.05.2026
CORAM
THE HON'BLE MR. JUSTICE R.SAKTHIVEL S. Krishnamurthi, S/o. Shanmugasundaram ... Petitioner/Sole Accused Vs.
State Rep. by, The Inspector of Police, Kundadam Police Station, Tiruppur District.
... Respondent/Complainant (Crime No.125 of 2026) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.125 of 2026 on the file of the respondent police.
For Petitioner : Mr. C. S. Saravanan For Respondent : Mr. A. Gopinath Government Advocate (Criminal Side)
ORDER
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This Criminal Original Petition has been filed by the petitioner on 19.05.2026 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant an order of pre-arrest bail.
2. The petitioner / Accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 3 of Tamil Nadu Public Property (Prevention of Damage and Loss) Act in Crime No.125 of 2026 on the file of the respondent police.
3. The case of the prosecution is that on 28.04.2026, the petitioner damaged the Bus Stop which was situated in Edayapatti Village with the help of JCB. Hence, the case.
4. Mr. C. S. Saravanan, learned counsel appearing on behalf of the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He would further submit that no previous case is pending against the petitioner. However, he submits that the petitioner is ready to abide by any conditions to be imposed by this Court. Hence he prayed to grant an order of pre-arrest bail to the petitioner. 2/8
5. Per contra, Mr. A. Gopinath, the learned Government Advocate (Criminal Side) appearing on behalf of the respondent - Police submitted that the petitioner demolished the Bus Stop which was situated in Edayapatti Village with the help of JCB and caused damage to the tune of Rs.7,00,000/-. He further submits that if pre-arrest bail is granted to the petitioner, he will commit similar type of offence.
6. Heard on both sides. This Court has perused the records.
7. In view of the offence allegedly committed by the petitioner and no previous case pending against the petitioner; and the petitioner has permanent residence; there is less possibility of absconding. Considering the same and also considering the fact that the petitioner is a first offender and also taking into account of the fact that the petitioner is ready to deposit a sum of Rs.5,00,000/- (Rupees Five Lakhs only) and with a view to give an opportunity to the petitioner to reform himself, this Court is inclined to grant pre-arrest bail to the petitioner. Accordingly, pre-arrest bail is granted to the petitioner subject to the following conditions: (i) The petitioner shall be released on pre-arrest bail in the event of his arrest or in the event of his surrender before the learned Judicial Magistrate, Dharapuram, within a period of 15 days from the date on which the order 3/8
copy is made ready, on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of the learned Judicial Magistrate, Dharapuram.
(ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Judicial Magistrate, Dharapuram, shall obtain a copy of any one of their identity proofs to ensure their identity.
(iii) The petitioner shall deposit a sum of Rs.5,00,000/- (Rupees Five Lakhs only) to the credit of the Crime No.125 of 2026 on the file of the respondent-police, before the learned Judicial Magistrate, Dharapuram, within a period of four weeks from the date on which the order copy is made ready. In turn, the learned Judicial Magistrate, Dharapuram shall deposit the said amount in an interest bearing Fixed Deposit in any nationalized Bank initially for a period of one year and renew them periodically until the final order / judgment is passed in the case in Crime No.125 of 2026. The learned Judicial Magistrate or Trial Court shall pass orders qua entitlement of the said amount in its final order / Judgment.
(iv) The petitioner shall appear and sign before the respondent 4/8
Police, once in a week i..e, every Monday at 10.00 a.m., until further orders;
(v) The petitioner shall make himself available for interrogation by a police officer as and when required.
(vi) The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(vii) The petitioner shall not enter into the victim's house or his place; (viii) The petitioner shall also not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence (ix) The petitioner shall not leave India without prior permission of the Court.
(x) The petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate, Dharapuram. (xi) On breach of any of the aforementioned conditions, the learned Judicial Magistrate, Dharapuram or Trial Court, as the case may be, is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by him as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283]. 5/8
8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.
21.05.2026 Index : Yes/No Internet : Yes/No ssi/ksa2 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 official website of this Court will be watermarked and will also have a QR code. To
1. The Judicial Magistrate, Dharapuram.
2. The Inspector of Police, Kundadam Police Station, Tiruppur District.
3. The Public Prosecutor, High Court of Madras.
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R.SAKTHIVEL, J.
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