Karthick vs State Of Tamilnadu

S.Srimathy, J

The petitioner, who was arrested and remanded to judicial custody on 09.02.2026 for the offences punishable under Section 324(5) of BNS and Section 4 of the TNPPDL Act, in Crime No.52 of 2026, on the file of the respondent police, seeks bail.

The case of the prosecution is that due to previous enmity, the petitioner and other accused persons set fire to the fishing boat along with fishing net causing damage worth about Rs.6,60,000/-. Hence, the complaint.

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 09.02.2026. Hence, he seeks bail to the petitioner.

The learned Additional Public Prosecutor submitted that the petitioner has no previous case. However, he opposed for grant of bail to the petitioner.

Taking into consideration of the facts and circumstances of the case 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:

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) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Thoothukudi, 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;

[b]the petitioner is directed to deposit a sum of Rs.1,00,000/-(Rupees One Lakh only) to the credit of Crime No.52 of 2026 before the concerned Court. On such deposit, the learned Judicial Magistrate shall accept the sureties furnished by the petitioner. Thereafter, the petitioner is directed to deposit the remaining amount of Rs.1,00,000/- to the credit of Crime No.52 of 2026 before the concerned Court. After receipt of the entire amount, the learned Judicial Magistrate shall deposit the said amount in an interest bearing Fixed Deposit in any Nationalized Bank until the final order/judgment is passed in the case in the said crime number. 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 report before the respondent police daily at 10.30 a.m., until further orders;

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

[e] the petitioner shall not abscond 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 is 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.