Naga Prakash v. The State Of Tamilnadu Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/12/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Naga Prakash ... Petitioner/Accused Vs The State of Tamilnadu Rep., By, the Inspector of Police, Veerapandi Police Station, Theni District (Crime No. 467 of 2025). ... Respondent/Complainant For Petitioner : M/s. Kalyani.J., Advocate For Respondent : Mr.E. Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 467 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- 1/6
The petitioner / sole accused, who was arrested and remanded to judicial custody on 23.11.2025 for the offences punishable under Sections 333, 326(g) of BNS, 2023 @ 452 and 436 of IPC in Crime No. 467 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that due to previous enmity, the petitioner herein is said to have fire on the defacto complainant's house and thereby, caused damages to the tune of Rs.1,00,000/-. Hence, the complaint.
3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He would further submit that the petitioner is no way connected with the case, a false case has been lodged as against the petitioner. He would further submit that the petitioner is in custody from 23.11.2025. Hence, he seeks bail.
4. The learned Additional Public Prosecutor appearing for the respondent would submit that the damage caused is worth about Rs. 2/6
1,00,000/- and the investigation of the case is pending and hence, he objected to grant bail to the petitioner.
5. Taking into consideration of the facts and circumstances of the case and also the fact that the petitioner is ready and willing to deposit a sum of Rs.25,000/- to the credit of crime number and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:
6. Accordingly, the petitioner is ordered to be released on bail on executing 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 the learned Judicial Magistrate, Theni 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) the petitioner is directed to deposit a sum of Rs. 3/6
25,000/- (Rupees Twenty Five Thousand only) to the credit of Crime No.467 of 2025 before the learned Judicial Magistrate, Theni. On such deposit, the learned Judicial Magistrate shall accept the sureties furnished by the petitioner and further, he shall deposit the same in an interest bearing Fixed Deposit in any one of the nationalized Banks initially for a period of one year and renew them periodically until the final order / Judgment is passed in the case in Crime No. 467 of 2025. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment.
[c] the petitioner shall appear before the respondent Police daily at 10.30 am until further orders; [d] the petitioner shall not abscond either during investigation or trial;
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[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 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) 18.12.2025 TRP TO
1. The Judicial Magistrate, Theni
2. Do-Through The Chief Judicial Magistrate, Theni District.
3. The Superintendent, Sub Jail, Periyakulam.
4. The Inspector of Police, Veerapandi Police Station, Theni District
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY,J TRP
ORDER
IN CRL OP(MD) No.23573 of 2025 Date : 18/12/2025 6/6