Jegan @ Jagan 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.16321 of 2025 Jegan @ Jagan ... petitioner/ Accused No.3 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.C.Venkatesh 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.

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ORDER :The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 14.09.2025 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, seeks 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 petitioner 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 petitioner and other accused persons 2/8

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

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 14.09.2025. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that there are three previous cases pending against the petitioner. However, he opposed for grant of bail to the petitioner.

5.Per contra, the learned counsel appearing for the petitioner submitted that out of three previous cases, two cases were disposed of.

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6. Taking into consideration of the facts and circumstances of the case and also considering the period of incarceration suffered by the petitioner and Even though there are three previous cases pending against the petitioner, two cases were disposed of, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

7. Accordingly, the petitioner is ordered to be released on bail on executing 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 learned Judicial Magistrate Court, Radhapuram, Tirunelveli District, 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 Aadhaar card or bank pass book to ensure their identity.

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[b] The petitioner shall furnish his residential address and contact number to the learned Judicial Magistrate Court, Radhapuram, Tirunelveli District. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate Court, Radhapuram, Tirunelveli District;

[c] the petitioner shall appear and sign before the respondent police weekly once, ie., on every Monday at 10.30 a.m., until further orders. [d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall not tamper with evidence or witness 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 5/8

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, Tirunelveli District.

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.

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S.SRIMATHY,J.

vsg

ORDER

IN CRL OP(MD) No.16321 of 2025 Date : 25.09.2025 8/8