Prabaharan v. The State Rep.By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.08.2025

CORAM

THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Prabaharan ... Petitioner Vs.

State Rep.by The Inspector of Police, Kolathur Police Station, Salem District.

(Crime No.317 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.317 of 2025 on the file of the respondent. For Petitioner :

Mr.C.Deepakkumar For Respondent :

Mr.L.Baskaran Government Advocate (Crl. Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 04.08.2025, for the offence punishable under Section 3(1) of Tamil Nadu Public Property of Damages and Loss Act, 1992, in Crime No.317 of 2025, registered on the file of the respondent, seeks bail. 1/4

2. The case of the prosecution is that the petitioner, in a drunken state, went to the panchayat board office and damaged the furnitures worth Rs.20,000/-. Hence, the present complaint.

3. The learned counsel appearing for the petitioner submitted that since the petitioner had quarrelled with his wife while in a drunken state, he transferred his anger on the panchayat board office and thereby caused damage to the property.

4. Heard both sides and perused the materials available on record.

5. Since the case relates to damage caused to public property and the petitioner has been in judicial custody since 04.08.2025, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on depositing a sum of Rs.20,000/- (Rupees Twenty Thousand only) in the account pertaining to Crime No.317 of 2025 within a period of fifteen days. On such deposit, the surety may be considered and on further conditions that:

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[a] The petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I Court, Mettur; [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 the identity proofs to ensure their identity;

[c] the petitioner shall report before the respondent police as and when required;

[d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 20.08.2025 rpl 3/4

Dr.G.JAYACHANDRAN, J.

rpl 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.I Court, Mettur. 2.The Inspector of Police, Kolathur Police Station, Salem District.

3.Central Prison, Salem.

4.The Public Prosecutor, High Court of Madras.

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