Muthuraman v. State Of Tamilnadu Rep By Inspector Of Police, Sathankulam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.12.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.22451 of 2025 Muthuraman ... Petitioner /Accused Rank Not Known

Versus

The State of Tamilnadu, Rep by the Inspector of Police, Sathankulam Police Station, Thoothukudi District.

(Crime No.326 of 2025) ... Respondent/Complainant For Petitioner : Mr.M.Prabu For Respondent : Mr.S.S.Manoj, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.326 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 4 of the Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992, seeks anticipatory bail.

2. The case of the prosecution is that on 24.07.2025, the defacto complainant, along with other officials, inspected the Government land situated in Naganai Village, Pannamparai Panchayat, where it was found that an old building had been demolished by unknown persons. The officials thereafter inspected and fenced the said land. However, on 27.07.2025, the fence so erected around the land was found to have been damaged by certain persons. Hence, the case.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner.

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4. The learned Additional Public Prosecutor appearing for the respondent Police submitted that the petitioner's name is not shown either in the complaint or in the FIR. He further submitted that there are no previous cases against the petitioner.

5. Taking into consideration the facts and circumstances of the case, and also considering the fact that the petitioner's name is not shown either in the complaint or in the FIR, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date on which the order made ready, before the learned Judicial Magistrate, Sathankulam, Thoothukudi District, 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that: 3/6

(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.5,000/- (Rupees Five thousand only) to the credit of Headmaster, Government Higher Secondary School, Odaipatty, Theni District, having account in State Bank of India, Uthamapalayam Branch, South Car Street, Account No. 11268003539, Account Type:Regular Savings Bank Account, CIF No:81030919752, MICR Code:625002045; On such deposit being made, the learned Magistrate shall accept the sureties furnished by the petitioner; (c) the petitioner shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter, as and when required. He has to co-operate for the investigation;

(d) the petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the petitioner shall not abscond either during investigation or trial;

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(e) 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 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]; and;

(f) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS 2023.

(S S Y J) 08.12.2025 pal To

1. The Judicial Magistrate, Sathankulam, Thoothukudi District.

2.The Inspector of Police, Sathankulam Police Station, Thoothukudi District.

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

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S.SRIMATHY,J.

pal

ORDER

IN CRL OP(MD) No.22451 of 2025 Date : 08.12.2025 6/6