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Madras High CourtCRL OP/13546/2026granted

Sindhuja Jagadeesh v. The State Rep By The Inspector Of Police

2026-05-22Honourable Mr.Justice R.Sakthivel6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-05-2026

CORAM

THE HON'BLE MR.JUSTICE R.SAKTHIVEL

1. Sindhuja Jagadeesh Member, Auroville Town Development Council ATDC and Planning and Project Development Coordinator,Auroville Foundation, Auroville,Vanur Taluk,

2. Joel Van Lierde Associated with Auroville Foundation, Auroville, Vanur Taluk, Villupuram District ..Petitioners/ Accused 1 and 2 Vs The State rep by The inspector of police Auroville Police Station, Villupuram District-605 111.

(Crime No. 85 of 2026) ..Respondent/ Complainant PRAYER :- Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant pre-arrest bail to the petitioner in Crime No.85 of 2026 on the file of the respondent-police. For Petitioners :

Mr.Anirudh A. Sriram For Respondent :

Mr.C.R.Malarvannan, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed by the petitioners on 19.05.2024 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail.

2. The petitioners apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 191(3), 324(4) and 118(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and Section 4 of the Tamil Nadu Prohibition of Harassment of Woman (Amendment ) Act, 2002 in Crime No.85 of 2026 on the file of the respondent police.

3. The case of the prosecution is that on 20.03.2026 at approximately 10.00 a.m. when the defacto complainant reached the Auroville Youth Centre , she had observed a group of 20 to 30 persons associated with the Auroville Foundation alleged to have dismantled the structures including a stage area and also thrown wooden planks and racks thereby caused damages to the community property. Hence the case.

4. Mr.Anirudh A. Sriram, learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submits that the petitioners have permanent residence and therefore, prayed to grant anticipatory bail to the petitioners.

5. Mr.C.R.Malarvannan,, learned Additional Public Prosecutor appearing for the respondent police submitted that the petitioners along with other accused persons have damaged the property of Auroville Foundation. The first accused is still absconding. He further submits that one previous case against the petitioners. He further submits that the investigation of the case is still pending and therefore, at this stage, if the pre-arrest bail is granted to the petitioners, he will commit similar type of offence. Hence he prays to dismiss this Criminal Original Petition.

6. Heard both sides. This Court has perused the records.

7. Considering the facts and circumstances of the case and the nature of the allegation that a group of persons had allegedly dismantled certain structures and caused damage to the community property, this Court is of the view that the custodial interrogation of the petitioners are not required to the Investigating Agency. Further, taking into account the submissions made on either side and there is no previous antecedents against the petitioners, without expressing any opinion on the merits of the case, with a view to give one more opportunity to reform themselves, this Court is inclined to grant an order of pre-arrest bail to the petitioners subject to the following conditions. (i) The petitioners shall be released on bail in the event of their arrest or in the event of their surrender before the learned Judicial Magistrate Court, Vanur, Villupuram District, within a period of 15 days from today, on

executing a bond for a sum of Rs.25,000/- (Rupees Twenty five Thousand only) each, along with two sureties each for a like sum of Rs.10,000/- to the satisfaction of the learned Judicial Magistrate Court, Vanur, Villupuram District.

(ii) The petitioners shall appear and sign before the respondent Police, daily at 10.00 a.m until further orders; (iii) 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 Court, Vanur, Villupuram District shall obtain a copy of any one of identity proofs to ensure their identity;

(iv) The petitioners shall furnish their residence address and mobile number to the concerned learned Judicial Magistrate Court, Vanur, (v) The petitioners shall make themselves available for interrogation by police as and when required;

(vi) The petitioners 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; (vii) The petitioners shall not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence;

(viii) The petitioners shall not leave India without the prior permission of the trial Court; and (ix) On breach of any of the aforementioned conditions, the learned Judicial Magistrate Court, Vanur, Villupuram District or Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by them as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.

22-05-2026 Index: Yes/No Speaking/Non-speaking order JRS/MTL 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.

R.SAKTHIVEL J.

JRS/MTL To 1.The Judicial Magistrate, Vanur, Villupuram Dt. 2.The Inspector of Police, Auroville Police Station, 3.The Public Prosecutor, High Court, Madras.

22-05-2026