T.Murali vs State

K. Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 25.10.2025, for the alleged offence punishable under Sections 296(b), 121(1), 351(3) of BNS 2023 and r/w Section 3 of TN Public Property (Prevention of Damage & Loss) Act, 1992 in Crime No.366 of 2025, on the file of the respondent police, seeks bail.

The allegation against the petitioner is that the petitioner was intercepted by the patrol duty officer for enquiry regarding his movement near a wine shop. It is alleged that the petitioner quarrelled with the police constable and during the quarrel, abused him with filthy language, pulled his shirt and also damaged the side mirror of the vehicle. Hence, the complaint was lodged and the petitioner was arrested.

Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner was arrested and he is in judicial custody since 25.10.2025. Hence, he prayed for grant of bail to the petitioner.

Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner has one previous case in Crime no.152 of 2020 on the file of the same police station and the same was disposed of. Hence, he opposed for the grant of bail to the petitioner.

Heard both sides and perused the materials available on record including the First Information Report.

Considering the above facts and circumstances of the case, the submissions made by the learned counsel on either side and the petitioner is in judicial custody from 25.10.2025, 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.20,000/- (Rupees Twenty Thousand only) with two sureties, for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate - I, Walaja, Ranipet District, 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 concerned Court daily at 10.30 a.m., for a period of three weeks 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 the 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 B.N.S.