Vinothkumar v. The State Represented By Its Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN 1.Vinoth Kumar 2.Kasi Vishwanathan 3.Anandkumar 4.Maheshkumar ... Petitioners/Accused 2 to 6 Vs.

The State rep.by The Inspector of Police, Anupparpalayam Police Station, Tiruppur District.

(Crime No.428 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of BNSS, to direct the respondent to enlarge the petitioners on bail in the event of their arrest of the petitioners in the Crime No.428 of 2025 pending on the file of the respondent.

For Petitioners :

Mr.Balaji Thirumoorthy For Respondent :

Mr.S.Udayakumar, Government Advocate (Criminal Side) ********** 1/4

O R D E R

The petitioners herein apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2) of the BNS,2023 and Section 3 of the TN Public Property (Prevention of Damage and Loss)Act,1992, in Crime No.428 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioners, who are residents near the gated community by name "Balu Innovation," in order to have access, had damaged the compound wall using JCB machines. While damaging the compound wall, they also incidentally damaged the water pipeline. Hence, a complaint was lodged by the Assistant Engineer of the TWAD Board.

3. The learned counsel for the petitioners submits that a civil suit is pending against "Balu Innovation 3rd street" with respect to the construction of the compound wall, which allegedly prevents public access. It is also submitted that the first accused has already been granted anticipatory bail in Crl.O.P.No.23194 of 2025.

4. The learned Government Advocate (Crl.Side) reiterated the prosecution case and he vehemently opposed for grant of anticipatory bail to the petitioners. 2/4

5. This Court, after considering the nature of the offence, which occurred in the early hours of 14.08.2025 at about 2.00 a.m., wherein the compound wall was demolished using JCB machines, is of the view that it is a clear case of aggression by use of force and machinery. Incidentally, the water pipelines supplying water to the public were also damaged. Hence, the petition for anticipatory bail stands dismissed.

25.08.2025 nvi To

1. The Judicial Magistrate Court -III, Tiruppur.

2. The Inspector of Police, Anupparpalayam Police Station, Tiruppur District.

3. The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN, J.

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