Madhavan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Madhavan, S/o.K.Rajaji ... Petitioner/A2 Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Alangulam Police Station, Tenkasi District.

(Crime No.356 of 2025) ... Respondent/Complainant For Petitioner : Mr.A.C.Vinayagarajan, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.356 of 2025 on the file of the Respondent Police. 1/6

ORDER : The Court made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 331(4) and 298 of BNS, 2023 r/w. Section 3(1) of Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992 in Crime No.356 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 02.06.2025, at about 10.30 p.m., the accused persons jointly broke the lock of the newly constructed Mahasakthi Vinayagar Temple at Kuruvankottai and damaged the Vinayagar idol, the Mooshika Vahanam (mouse vehicle), the lamp post, and the Nagaraja idol inside the temple. Hence, a case was registered.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person, and is in no way connected with the alleged occurrence as stated by the prosecution. He has been falsely implicated in this case solely based on the confession of the co-accused. Hence, he seeks anticipatory bail.

4. The learned Government Advocate (Crl. side) submitted that there are 2/6

totally three accused persons in this case and the petitioner has been arrayed as A2. A1 and A3 were arrested and subsequently released on bail on 10.06.2025 by the learned Principal Sessions Judge, Tenkasi in Cr.M.P.No.1502 of 2025. He further submitted that there are no previous cases registered against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and the nature of the offence, and taking note of the fact that there are no previous cases registered against the petitioner, and that the co-accused were arrested and subsequently released on bail, this court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Alangulam, 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 the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Alangulam, failing which, the petition for 3/6

anticipatory bail shall stand dismissed and on further condition 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.10,000/- (Rupees Ten Thousand only) to the credit of the Crime No.

356 of 2025 on the file of the respondent-police, before the learned Judicial Magistrate, Alangulam, and on such deposit being made, the learned Judicial Magistrate shall accept the sureties furnished by the petitioner and learned Judicial Magistrate shall deposit the said amount in an interest bearing Fixed Deposit in any nationalized Bank initially for a period of one year and renew them periodically until the final order / judgment is passed in the case in Crime No.356 of 2025. The Trial Court shall decide the entitlement to the deposit amount at the time of passing the final order or judgment. (c) the petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate, Alangulam.

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

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(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/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 26/06/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

MKN 5/6

TO 1.THE JUDICIAL MAGISTRATE, ALANGULAM.

2.THE CHIEF JUDICIAL MAGISTRATE TENKASI DISTRICT.

3.THE INSPECTOR OF POLICE, ALANGULAM POLICE STATION, TENKASI DISTRICT.

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

+1 CC to M/s.A.C.VINAYAGARAJAN, Advocate ( SR-6852[I] dated 27/06/2025 )

ORDER

IN CRL OP(MD) No.9901 of 2025 Date :26/06/2025 PR/08.07 .2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6