Gukan @ Guhan v. State Of Tamilnadu Rep By Inspector Of Police, Uthumalai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/02/2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY

1. Gukan @ Guhan

2. Selvaraj ... Petitioners/Accused Vs State of Tamilnadu Rep by, The Inspector of Police, Uthumalai Police Station, Tenkasi District.

Crime No.42 of 2026.

... Respondent/Complainant For Petitioner : P.Praveenkumar, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- C-33B. For Bail in Crime No. 42 of 2026 on the file of the respondent Police.

ORDER : The Court made the following order :- 1/6

The petitioners, who were arrested and remanded to judicial custody on 08.02.2026 for the offences punishable under Sections 191(2), 329(4), 324(2), 296(b), 351(3) of BNS and Sec.3 of TNPPDL Act in Crime No.42 of 2026 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioners in a drunken mood, damaged stainless steel pipe installed on the side of the Government Building and also damaged the stainless steel pipe and CCTC camera installed in the Amman Temple worth about Rs.10,000/-. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent person and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are in judicial custody from 08.02.2026. Hence, he seeks bail to the petitioner.

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4. The learned Additional Public Prosecutor submitted that the petitioners have no previous cases. However, he opposed for grant of bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case and also considering the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioners, subject to the following conditions:

6. Accordingly, the petitioners are ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Alangulam, and on further conditions that :- [a] the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.

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(b)each of the petitioners shall make a non refundable deposit of Rs.2,000/- (Rupees Two housand only) to the credit of the Head Master, Corporation Sethupathi Pandithurai Higher Secondary School, Railway Colony, Madurai, in SBI Account No.30033864969, IFSC No.SBIN0008167; CIF No:85019457624; State Bank of India, Karimedu (Madurai) Branch, 44, REX Centre, Gnanaolipuram, Madurai District. This fund shall be utilized for the purpose of purchasing furniture (Benches & Desks) for newly constructed class rooms under 'Namakku Naame' Scheme. On such deposit being made, the learned Magistrate shall accept the sureties furnished by the petitioner;

[c] the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders;

[d] the petitioners shall not tamper with the evidence or witness either during investigation or trial.

[e] the petitioners shall not abscond either during investigation or trial.

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[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner is 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 BNS.

17.02.2026 PJL TO

1. Judicial Magistrate, Alangulam.

2. Do-Through The Chief Judicial Magistrate, Tenkasi District.

3. The Superintendent, Central Prison, Palayamkottai.

4. The Inspector of Police, Uthumalai Police Station,Tenkasi District.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY,J.

PJL

ORDER

IN CRL OP(MD) No.3306 of 2026 Date : 17/02/2026 6/6