Allimuthu vs State

G.K.Ilanthiraiyan, J

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 24.05.2026, seeking bail in Crime No.128 of 2026 registered for the offence under Sections 296(b) and 351(3) of BNS and Section 3 of TNPPDL Act.

The case of the prosecution is that the due to civil dispute, on the date of alleged occurrence, petitioner along with other accused damaged the cement asbestos sheets and EB wire in the defacto complainant's house and caused damages to the tune of Rs.25,000/-. Hence, the case.

Learned counsel appearing for the petitioner submitted that the the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prayed for grant of bail to the petitioner.

Learned Government Counsel appearing for the respondent police, reiterated the prosecution case and opposed for the grant of bail to the petitioner.

Heard the learned counsel appearing for the petitioner and the learned Government Counsel for the respondent Police and perused the materials available on record.

Considering the nature of allegations and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is ordered to be released on bail on his 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 No.I, Salem 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 shall report before the respondent police daily at 10.30.a.m., for a period of 15 days and thereafter as and when required for interrogation.

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[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 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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.