Raja v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/08/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI and CRL MP(MD). No.10471 of 2025 Raja, S/o.Karunanithi ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Thanjavur Taluk Police Station, Thanjavur District.

(Crime No.496 of 2025) ... Respondent/Complainant For Petitioner : Mr.K.M.Karunakaran, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) For Intervenor : Mr.M.Jegadeesh Pandian, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.496 of 2025 on the file of the Respondent Police. 1/6

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 3(1) of Tamil Nadu Public Property (Prevention of Damage & Loss) Act, 1992 in Crime No.496 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 16.07.2025 at about 12.30 p.m., the defacto complainant received a photo showing someone deliberately hitting a metal post with a tractor. Upon further inquiry, the de-facto complainant found a video dated 15.07.2025 at 11.17 p.m., which showed the petitioner deliberately driving the tractor into the metal post bearing the cameras. In the said incident, the de-facto complainant suffered a loss of Rs.50,000/- as damages. 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. Due to previous dispute, and in order to wreck vengeance, the de-facto complainant lodged the present false complaint against the petitioner. He, however, submitted that the petitioner is ready to deposit a sum of Rs.50,000/- to show his bonafide and is willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail.

4. The learned counsel for the intervenor submitted that due to the death of the 2/6

de-facto complainant's close relative, the de-facto complainant was out of station on the date of occurrence. Taking advantage of the same, the accused trespassed into the de-facto complainant's property on 15.07.2025 at about 11.17 p.m., and by using a tractor, damaged the CCTV cameras worth about Rs.50,000/-. He further submitted that the investigation in this case is at a preliminary stage, and if the accused is granted anticipatory bail, he may abscond from the clutches of law and tamper with the witnesses. Therefore, custodial interrogation of the accused is very much necessary to collect material facts. Hence, he strongly opposed to grant anticipatory bail to the petitioner.

5. The learned Government Advocate (Criminal Side) submitted that the petitioner is the sole accused in this case. The properties have already been recovered. He further submitted that there are six previous cases registered against the petitioner. Hence, he opposed to grant anticipatory bail to the petitioner.

6. Taking into consideration the facts and circumstances of the case, the nature of the offence, and taking note of the fact that the properties have already been recovered, and that as the date of registration of FIR is 18.07.2025, by this time most of the investigation might have been completed, and also considering the bonafide expressed by the petitioner, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

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7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.2, Thanjavur, 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 No.

2, Thanjavur, failing which, the petition for 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.50,000/- (Rupees Fifty Thousand only) to the credit of the Crime No.496 of 2025 on the file of the respondent-police, before the learned Judicial Magistrate No.

2, Thanjavur, 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.496 of 2025.

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 No.2, Thanjavur. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.2, Thanjavur;

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

(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.

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8. Accordingly, this Criminal Original Petition is allowed. Consequently, the connected Criminal Miscellaneous Petition is closed. sd/- 14/08/2025 / TRUE COPY / /09/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

mkn TO 1.The Judicial Magistrate No.2, Thanjavur.

2.The Inspector of Police, Thanjavur Taluk Police Station, Thanjavur District.

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

+1 CC to M/s.K.M.KARUNAKARAN, Advocate (SR-8861[I] dated 14/08/2025)

ORDER

IN CRL OP(MD) No.12642 of 2025 Date :14/08/2025 SBN/10.09.2025 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6