Alagar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21.05.2025 PRESENT The Hon`ble Mr.Justice P.VADAMALAI Alagar ... Petitioner Vs The Inspector of Police, Vallam Police Station, Thanjavur District.

(Crime No.188 of 2025) ... Respondent For Petitioner :

Mr.A.Senthilkumar For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 BNSS, 2023 PRAYER :- For Bail in Crime No.188 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused No.2, who was arrested and remanded to judicial custody on 04.05.2025 for the offences punishable under Sections 329(3), 191(2), 191 1/5

(3), 296(b), 131, 351(3) BNS and Section 3 of the Tamil Nadu Public Property (Prevention of Damage & Loss)Act and Section 136(1)(a) of the Electricity Act, 2003 in Crime No.188 of 2025 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the defacto complainant is a Project Manager in A.P.D. Wind Energies Private Limited. For running solar power plant, they have to part with Rs.2 Crores to the first accused, who is the Ex-President of the Panchayat. On 29.04.2025, the accused persons, damaged the electric wires, electric posts and also abused the defacto complainant. Hence, the case. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he has been arrested and he is languishing in jail from 04.05.2025. Therefore, he prays for grant of bail.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that there is no previous case pending against the petitioner. 5.Considering the facts and circumstances of the case and also considering the period of incarceration 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 bail to the petitioner on certain conditions.

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6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Thanjauvr and on further conditions that, a)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity. b)the petitioner shall make a non refundable deposit of Rs.20,000/- (Rupees Twenty Thousand Only) to the credit of Cr.No.188 of 2025 before the learned Judicial Magistrate No.II, Thanjauvr and on such deposit being made, the learned Judicial Magistrate shall accept the sureties furnished by the petitioner.

c)the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of thirty days and thereafter as and when required. d)the petitioner shall not tamper with evidence or witness. e)the petitioner shall not abscond during trial.

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.

sd/- 21/05/2025 / TRUE COPY / 23/05/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

gns TO

1. The Judicial Magistrate No.II, Thanjauvr.

2. Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.

3. The Officer Incharge, Sub Jail, Thanjavur.

4. The Inspector of Police, Vallam Police Station,Thanjavur District.

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

ORDER

IN CRL OP(MD) No.8856 of 2025 Date :21/05/2025 4/5

NBF/23.05.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5