K.Prabu vs State Rep. By The Inspector Of Police

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 26.02.2026 for the alleged offences under Section 3(1) of TNPPDL Act, in Crime No.78 of 2026, on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner had pelted stones against the Omni bus bearing Regn.No.TN-30-CF-5619 and caused damages to the front side glass of the bus to the tune of Rs.40,000/-. Hence, the case.

The learned counsel for the petitioner would submit that the petitioner is innocent and he has been under incarceration since 26.02.2026. He would further submit that the petitioner is ready to abide by any condition that may be imposed by this Court. He would therefore seek for the grant of bail.

The learned Government Advocate though objected the bail application, he would fairly submit that the petitioner has no previous cases.

I have given my anxious consideration to the submissions made by the learned counsel on either side.

Taking into consideration of the totality of circumstances and his conduct and upon the fact that the petitioner has been under incarceration since 26.02.2026 and in similar type of offences, by this time investigation might been completed, this Court is inclined to enlarge the petitioner on bail with certain conditions:

Accordingly, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.25,000/- (Rupees Twenty-Five Thousand only), with two sureties each for a like sum, to the satisfaction of the learned Judicial Magistrate – V, Salem, subject to the following conditions:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall report before the respondent police daily at 10.30 a.m for a period of two weeks;

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

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

[e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions had been imposed and the petitioners released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.