Kumar @ Thavasi Kumar v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.16198 of 2025 1.Kumar @ Thavasi Kumar 2.Suyambulingam ... Petitioners/ Accused Nos.1 and 4 Vs The State of Tamilnadu Rep by, The Inspector of Police, Koodankulam Police Station, Tirunelveli District.

(Crime.No.522 of 2025) ... Respondent/Complainant For Petitioner: Mr.K.Muthuvai Ilayaraja For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.522 of 2025 on the file of the respondent Police.

1/8

ORDER :The Court made the following order :- The petitioners, who were arrested and remanded to judicial custody on 10.09.2025 for the offences punishable under Sections 329(4), 296(b), 351(3) and 298 of BNS,2023 and Section 3 of TNPPDL Act, in Crime No.522 of 2025 on the file of the respondent Police, seek bail.

2.The case of the prosecution is that on 09.09.2025, at about 05.00 p.m., while the defacto complainant, who is the priest of Arulmigu Sri Bhathirakali Amman Temple, Vairavikinaru, was engaged in making preparations for the evening Pooja, at that time, the petitioners and other accused persons came in a car bearing Registration No.TN 49 AM 4333 and trespassed into the temple premises and damaged the CCTIV camera, idol of Lord Kala Bhairava and other articles worth about Rs.1,85,000/-. Further, the petitioners and other accused 2/8

persons threatened the defacto complainant not to enter the temple. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent person and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are in judicial custody from 10.09.2025. Hence, he seeks bail to the petitioners.

4. The learned Additional Public Prosecutor submitted that there are 46 previous cases pending against the first petitioner and there is no previous case pending against the second petitioner. However, he opposed for grant of bail to the petitioners.

5.Per contra, the learned counsel appearing for the petitioners submitted that all 46 cases 3/8

have been registered regarding the Koodankulam agitation only and subsequently, the Government has dropped all the cases.

6. Taking into consideration of the facts and circumstances of the case and also considering the period of incarceration suffered by the petitioners and there is no previous case pending against the second petitioner and Even though there are 46 previous cases pending against the first petitioner, the Government has dropped all the cases, this Court is inclined to grant bail to the petitioners, subject to the following conditions:

7. Accordingly, the petitioners are ordered to be released on bail on executing 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 learned Judicial 4/8

Magistrate Court, Radhapuram, 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 Aadhaar card or bank pass book to ensure their identity.

[b] The petitioners shall furnish their residential address and contact number to the learned Judicial Magistrate Court, Radhapuram. If the petitioners changes their residential address, they shall report the same to the learned Judicial Magistrate Court, Radhapuram; [c] the petitioners shall appear and sign before the respondent police weekly once, ie., on every Monday at 10.30 a.m., until further orders. [d] the petitioners shall not abscond either during investigation or trial.

[e] the petitioners shall not tamper with evidence or witness either during investigation or trial.

5/8

[f] 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(S S Y J) 25.09.2025 vsg 6/8

To 1.The Judicial Magistrate Court, Radhapuram.

2. The Superintendent, Central Prison, Palayamkottai.

3.The Inspector of Police, Koodankulam Police Station, Tirunelveli District.

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

7/8

S.SRIMATHY,J.

vsg

ORDER

IN CRL OP(MD) No.16198 of 2025 Date : 25.09.2025 8/8