← Library
Madras High CourtCRL OP/34106/2025granted

Santhosh v. State Rep By

2025-12-12Honourable Mr.Justice K.Rajasekar7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-12-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. SANTHOSH

2. PANDIYAN Petitioner(s) Vs State Rep by The Sub Inspector of Police, Omerabad Police Station, Thirupattur District.

Crime No.332 of 2025 Respondent(s) PRAYER Criminal Original Petition filed under Section 483 of BNSS Act, 2023, pleased to enlarge the petitioners on bail in Crime No.332 of 2025 pending investigation on the file of the Respondent police and thus render justice For Petitioner(s):

M/s.E.Kannadasan For Respondent(s):

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

ORDER

The petitioners were arrested and remanded to judicial custody on

13.09.2025, for the alleged offence punishable under Sections 329(4), 296(b), 351(3) of BNS, 2023 r/w. Section 3 of Tamil Nadu Public Property Damages and Loss Act 1992, (448, 294(b), 506(ii) of IPC) in Crime No.332 of 2025, on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioners along with other accused trespassed into the house of the defacto complainant and scolded her with filthy language and also damaged the mirror of her Qualis Car bearing Registration No.TN-22-M-3289 by using bricks worth Rs.1,75,000/-. Hence, the present complaint.

3.The learned counsel appearing for the petitioners submitted that the investigation has been completed and the final report has been filed. He further submitted that the petitioners are ready to abide by any stringent condition that may be imposed by this Court. He further submitted that the petitioners were in judicial custody from 13.09.2025. Hence, he prayed for grant of bail to the petitioners.

4.The learned Government Advocate (Crl.Side) for the respondent police reported that the petitioners have destroyed the property of the defacto complainant due to previous enmity and the accused have involved in a previous cases. He further submitted that investigation in this case is completed

and the final report is also filed. Hence, he opposed for the grant of bail to the petitioners.

5.Considering the nature of the allegations and taking into account the period of incarceration, and the investigation in this case completed and the final report is also filed, this Court is inclined to grant bail to the petitioners with certain conditions:

7. Accordingly, the petitioners are ordered to be released on bail on their executing a separate bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Addl. D.M. cum J.M. Ambur, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioners shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the credit of Crime No.332 of 2025 before the learned Addl. D.M. cum J.M. Ambur.

[c] the petitioners shall report before the respondent Police, everyday at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation;

[d] the petitioners shall not abscond either during investigation or trial;

[e] the petitioners shall not tamper with evidence or witness either during investigation or trial; [f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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)AIR SCW 5560];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

12-12-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes 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.State Rep by The Sub Inspector of Police, Omerabad Police Station, Thirupattur District.

Crime No.332 of 2025 2.The Addl.D.M. cum J.M. Ambur, 3.The Central Prison, Vellore.

4.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

gbi CRL OP No. 34106 of 12-12-2025