Sakthivel v. State Rep.By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2026

CORAM

THE HONOURABLE MR. JUSTICE C.KUMARAPPAN Sakthivel ... Petitioner Vs.

The State Represented by The Inspector of Police, Thevoor Police Station, Salem District.

(Crime No.128 of 2026) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner anticipatory bail in the event of his arrest in Crime No.128 of 2026 pending investigation on the file of the respondent police. For Petitioner : Mr.Vasudevan Bramalingam For Respondent : Mr.N.Palanivel, Government Advocate (Crl.Side)

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b) and 351(3) of BNS and Section 3 of TNPPDL Act, in Crime No.128 of 2026, on the file of the respondent Police, seeks anticipatory bail.

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2. The case of the prosecution is that, due to civil dispute, the petitioner along with other accused damaged the cement asbestos sheets and EB wife in the de facto complainant's house and caused damages to the tune of Rs.25,000/-. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent and has not committed any offence as alleged by the prosecution and that he has been falsely implicated in this case. He further submitted that the co-accused has already been enlarged on bail by this Court in Crl.O.P.No.14764 of 2026 dated 11.06.2026. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police opposed the grant of anticipatory bail and would submit that there are about totally two accused in this case and the petitioner has been arrayed as A2.

5. Taking into consideration of the totality of the circumstances and the fact that the occurrence took place on 03.05.2026 and that the FIR came to be 2/6

registered on 23.05.2026, this Court is of the firm view that, at this length of time, custodial interrogation of the petitioner is not required. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions:

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.I, Sankari, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

(a) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) 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 identify proofs to ensure their identity;

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(c) The petitioner shall report before the respondent police daily at 10.30 a.m. for a period of 15 days, and thereafter as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

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To 1.The Judicial Magistrate No.I, Sankari.

2.The Inspector of Police, Thevoor Police Station, Salem District.

3.The Public Prosecutor, High Court of Madras.

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C.KUMARAPPAN, J.

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