Indhirajith v. State Represented By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-06-2026

CORAM

THE HON'BLE MR. JUSTICE C.KUMARAPPAN

1. Indhirajith

2. Kesavan

3. Bharathi

4. Balamurugan ..Petitioner(s) Vs The State Represented by The Inspector of Police Thittacheri Police Station, Nagapattinam District.

Crime No.47/2026 ..Respondent(s) Criminal Original Petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to enlarge the petitioners on bail in Crime No.47 of 2026 on the file of respondent police. For Petitioner(s):

Mr.R.Sathiamoorthy For Respondent(s):

Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu (Criminal Side)

ORDER

The petitioners, who were arrested and remanded to judicial custody on 26.04.2026 for the alleged offences punishable under Sections 126, 296(b), 115(2), 118(1), 132, 351(3), and 3(5) of the Bharatiya Nyaya Sanhita (BNS),

2023, (339, 294, 323, 324, 353, 503, and 34 of IPC) read with Section 3(1) of the Tamil Nadu Property (Prevention of Damage and Loss) (TNPPDL) Act, in Crime No.47 of 2026 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioners intercepted a lorry belonging to the ONGC which was carrying crude oil. It is alleged that they uttered filthy language, attacked the driver, and caused significant damage to the vehicle by breaking its front and rear mirrors as well as the indicator lights, thereby causing monetary loss. Furthermore, when an official arrived at the spot to inquire about the incident, the petitioners herein allegedly attacked the officer and broke his mobile phone. Hence, the case.

3. The learned counsel for the petitioners submits that the petitioners are innocent of the offences and have been falsely implicated in this case. He further submits that the petitioners have been in continuous judicial custody since 26.04.2026, and they are fully willing to cooperate with the investigation and abide by any stringent conditions imposed by this Court. He prays for the grant of bail taking into account their period of incarceration.

4. The learned Government Counsel (Criminal Side) appearing for the respondent police opposes the grant of bail, highlighting the nature of the allegations involving public property damage and attack on an official. He

submits that among the petitioners, the third accused (A3) has 8 previous cases pending against him. However, he fairly concedes that the other petitioners have no previous cases registered against them.

5. I have given my anxious consideration to the submissions made by the learned counsel on either side.

6. Considering the facts and the totality of the circumstances of the case, this Court takes note of the duration of the judicial custody already undergone by the petitioners since 26.04.2026. While taking note of the 8 previous cases pending against A3, this Court balances the fact that the other petitioners have no bad antecedents and that the investigation is underway. Accordingly, this Court is inclined to enlarge the petitioners on bail, subject to certain stringent conditions.

7. Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), each with two sureties each for a like sum to the satisfaction of the Judicial Magistrate No.II, Nagapattinam, and subject to the following conditions:

[a] 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 Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioners shall report before respondent Police twice a day at 10.30 a.m. and 05.30 p.m., until further orders; [c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners 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 take appropriate action against the petitioners in accordance with law as if the conditions had been imposed and the petitioners released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[f] if the petitioners thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.

12-06-2026 Index: Yes/No Speaking/Non-speaking order Jeni 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 No.II, Nagapattinam. 2.The Superintendent, District Prison, Nagapattinam. 3.The Inspector of Police, Thittacheri Police Station, Nagapattinam District. 4.The Public Prosecutor, High Court of Madras, Chennai.

C.KUMARAPPAN, J.

Jeni 12-06-2026