Selvathangam v. State Of Tamilnadu Rep By Inspector Of Police, Shenkottai
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI CRL OP(MD).Nos.10907 & 10932 of 2025 Selvathangam, (28/M) S/o.Ajithkumar
...Petitioner in Crl.O.P.(MD)No.10907 of 2025
1. Sureshkumar (M/39) S/o.Chinasamy
2. Maridurai, (M/39) S/o.Muthaiya ..Petitioners in Crl.O.P(MD).No.10932 of 2025 Vs State of Tamil Nadu Rep by the Inspector of Police, Shenkottai Police Station, Tenkasi District.
(Crime No.274 of 2025) .. Respondent in both petitions For Petitioner : Mr.K.Sheenivasan (in Crl.O.P.(MD).No.10907 of 2025) Advocate.
For Petitioners : Mr.K.Dinesh (in Crl.O.P.(MD).No.10932 of 2025) For Respondent : Mr.B.Thanga Aravindh (in both petitions) Government Advocate (Crl.Side) 1/6
PETITIONS FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.274 of 2025 on the file of the Respondent Police. COMMON ORDER : This Court made the following order :- The petitioners / Accused Nos.1, 2 and 3, who were arrested and remanded to judicial custody on 20.06.2025 for the offences punishable under Sections 3 of TNPPD:L Act 1992, in Crime No.274 of 2025 on the file of the respondent police, seek bail.
2. The case of the prosecution is that on 18.06.2025 the defacto complainant being the Village Administrative Officer, Shenkottai Keelure, lodged a complaint stating that due to monsoon seasons in Tenkasi District, Kannupili mettu, Kundaru Dam a natural waterfalls were formed and without knowing the consequences some of the car drivers are using it for cleaning their vehicle and for other uses. In order to curtail the same, the revenue department has set up an iron gate restricting the public from using the natural water falls. However, when the defacto complainant went to inspect the same, it was seen that the iron gate was damaged by the 2/6
petitioners/accused. Hence, the complaint.
3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He would further submit that the petitioners are ready and willing to abide and conditions that may be imposed by this Court. He would further submit that the petitioners are in custody from 20.06.2025. Hence, he seek bail.
4. The learned Government Advocate (Criminal Side) would submit that there are two previous cases pending against A1 and 1 previous case pending against A2. He further submitted that the investigation is almost completed. However, he objected to grant bail to the petitioners.
5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that the investigation is almost completed and also considering the period of incarceration suffered by the petitioners, this court is inclined to grant bail to the petitioners, subject to the following conditions:
6. Accordingly, the petitioners are ordered to be released on bail on executing 3/6
a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of learned Judicial Magistrate Court, Shenkottai, and on further conditions that :- [a] 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[ each of the petitioner shall deposit a sum of Rs.3,000/- (Rupees Three Thousand) to the credit of Crime No.274 of 2025 before the learned Judicial Magistrate Court, Shenkottai and on such deposits being made, the learned Judicial Magistrate Court, Shenkottai, shall accept the sureties furnished by the petitioners; [c] The petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate Court, Shenkottai. If the petitioners changes their residential address, they shall report the same to the learned Judicial Magistrate Court, Shenkottai; [d] the petitioners shall appear and sign before the respondent 4/6
police daily at 10.30 a.m.until further orders. [e] the petitioners shall not abscond either during investigation or trial.
[f] the petitioners shall not tamper with evidence or witness 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]. [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
sd/- 30/06/2025 / TRUE COPY / 30/06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
MSRM TO
1. THE JUDICIAL MAGISTRATE, SHENKOTTAI.
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2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TENKASI DISTRICT.
3. THE OFFICER INCHARGE, SUB JAIL, TENKASI.
4. THE INSPECTOR OF POLICE, SHENKOTTAI POLICE STATION, TENKASI DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) Nos.10907 & 10932 of 2025 Date :30/06/2025 HPS/30.06.2025 /6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6