S Alagupandi v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI S/Alagupandi S/o.Sappani ... Petitioner/ Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Kattanoor Police Station, Virudhunagar District.

(Crime No.7 of 2025) ... Respondent/Complainant For Petitioner : Mr.S.Anandhakumar, 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.7 of 2025 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 325 of BNS, 2023 r/w. Section 138(1) (a) of TNEB Act, 2003 in Crime No.7 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant namely Ragupathi is that, on 06.04.2025 at about 11.00 a.m., his two dogs died after getting caught in the electric fence set up by the petitioner for rice cultivation in his field. On the basis of the field investigation, it is revealed that the petitioner is farming with iruchirai Kanmay water irrigation and he has not been provided with any electricity connection for agricultural use and illegally erected electric fence. Hence the case.

3. The learned counsel for the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution and he has been falsely implicated in this case. However, he would further submit that the petitioner is ready to abide by any conditions to be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) would submit that the defacto complainant's two dogs died after getting caught in the electric fence set up by the petitioner for rice cultivation in his field. On the basis of the field investigation, 2/5

it is revealed that the petitioner has illegally erected electric fence and he is the owner of the land. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and taking into account of the fact that the F.I.R was registered on 07.04.2025 and by this time, most of the investigation might have been completed, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

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 learned Judicial Magistrate, Tiruchuli, 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 learned Judicial Magistrate, Tiruchuli 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 furnish his residential address and mobile number to the Judicial Magistrate Court, Tiruchuli. In the event of any change in his residential address, the petitioner shall report the same to the Judicial Magistrate Court, 3/5

Tiruchuli;

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

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

(e) the petitioner shall not abscond 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 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; (g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 12/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

MAC TO 1 THE JUDICIAL MAGISTRATE, TIRUCHULI.

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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE, KATTANOOR POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1 CC to M/s.S.ANANDHAKUMAR, Advocate ( SR-6228[I] dated 12/06/2025 )

ORDER

IN CRL OP(MD) No.9733 of 2025 Date :12/06/2025 SA/SAR. /24.06.2025/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5