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Madras High CourtCRL OP(MD)/8689/2025allowed

Ravichandran v. State Of Tamilnadu Rep By Inspector Of Police, Vallam

2025-06-11Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI S.Ravichandran, S/o.Saminathan ... Petitioner/Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Vallam Police Station, Thanjavur District.

(Crime No.188 of 2025) ... Respondent/Complainant For Petitioner : Mr.T.Eashwar, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.188 of 2025 on the file of the Respondent Police. 1/6

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 329(3), 191(2), 191(3), 296(b), 131 and 351

(3) of BNS, 2023 r/w. Section 3 of the Tamil Nadu Public Property (Prevention of Damage & Loss) Act, 1992 r/w. Section 136(1)(a) of the Electricity Act, 2003 in Crime No.188 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to property dispute between the parties, the accused persons damaged the distribution of electric poles and electric wires and other related materials used for the distribution of electricity to various places generated by the de-facto complainant's solar power plant. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is an unnamed accused in this case, and there is no specific overtact against the petitioner. A1 and A3 have been granted anticipatory bail by this Court, and A2 has been arrested and released on bail by this Court. He further submitted that the petitioner is ready to pay a sum of Rs.20,000/- to show his bonafide and is willing to abide by any condition imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

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4. The learned Government Advocate (Criminal Side) submitted that there are totally eight accused persons in this case. The de-facto complainant was generating a solar power plant and supplying electricity to various nearby villages. He further submitted that after obtaining proper permission from the authorities concerned, they erected and transported the electricity to various places. The accused persons damaged the same due to which property worth of Rs.2 lakhs has been damaged and Rs.5 lakhs worth of electricity loss was caused to the de-facto complainant. He further submitted that A1 and A3 have been granted anticipatory bail by this Court, and A2 has been arrested and released on bail by this Court. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and considering the bonafide expressed by the petitioner that he is ready to pay a sum of Rs.20,000/-, and taking into account of the fact that A1 and A3 have been granted anticipatory bail, and A2 has been arrested and released on bail by this Court, and also considering the fact that except Section 3 of the Tamil Nadu Public Property (Prevention of Damage & Loss) Act, other offences are bailable in nature, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. 3/6

6. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate No.II, Thanjavur on condition that 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the Judicial Magistrate No.II, Thanjavur and on further conditions that: (a) the petitioner and 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 petitioner shall deposit a sum of Rs.

20,000/- (Rupees Twenty Thousand only) to the credit of Crime No.188 of 2025 before the learned Judicial Magistrate No.II, Thanjavur and on such deposit being made, the learned Judicial Magistrate No.II, Thanjavur shall accept the sureties furnished by the petitioner; (c) the petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate No.II, Thanjavur. In the event of any change in their residential address, the petitioner shall report the same to the learned Judicial Magistrate No.

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(d) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

(e) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(f) the petitioner shall not abscond either during investigation or trial; (g) 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 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]; and; (h) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 11/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1.THE JUDICIAL MAGISTRATE COURT NO.II, THANJAVUR.

2.THE CHIEF JUDICIAL MAGISTRATE THANAVUR DISTRICT AT KUMBAKONAM.

3.THE INSPECTOR OF POLICE, VALLAM POLICE STATION, THANJAVUR DISTRICT.

4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.8689 of 2025 Date :11/06/2025 PR/17.06 .2025 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6