Senthilkumar v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Senthilkumar, S/o.Nagarajan 2.Ravi @ Raviraj, S/o.Selvarajan ... Petitioners/A1 & A3 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 Petitioners : Mr.T.Eashwar, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/6

PRAYER :- For Anticipatory Bail in Crime No.188 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners, who apprehend 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, seek anticipatory bail.

2. The case of the prosecution is that due to property dispute between the parties, the petitioners, along with the other 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 petitioners submitted that this is the second anticipatory bail application before this Court. The electric poles and wires were erected on private land and therefore, they objected to the same. However, despite 2/6

their objection, it has been erected. He further submitted that the petitioners have only attempted to remove the installations and they have not removed or damaged any of the properties. He further submitted that the petitioners are ready to pay a sum of Rs.20,000/- each and are willing to abide by any condition imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that there are totally eight accused persons in this case and the petitioners have been arrayed as A1 and A3. 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 petitioners 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. Hence, he opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case, and considering the bonafide expressed by the petitioners that they are ready to pay a sum of Rs.20,000/-, and also considering the fact that except Section 3 of the Tamil Nadu Public Property 3/6

(Prevention of Damage & Loss) Act, other offences are bailable in nature, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their 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 petitioners shall execute 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 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 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 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 petitioners; (c) the petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate No.II, Thanjavur.

residential address, the petitioners shall report the same to the learned Judicial Magistrate No.II, Thanjavur;

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

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

(f) the petitioners 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 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]; and; (h) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 10/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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MKN TO 1 THE JUDICIAL MAGISTRATE NO.II THANJAVUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THANJAVUR 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.9644 of 2025 Date :10/06/2025 SS/SAR- /23/06/2025/ 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6