M.Santhosh v. The State Rep by the Inspector of Police

ORDER The petitioner, who was arrested and remanded to judicial custody on

02.01.2026 for the alleged offence under Sections 326(f) of Bharatiya Nyaya Sanhita, 2023 subsequently altered to Section 326(f) of BNS and Section 4 of the Tamil Nadu Property (Prevention of Damages and Loss) Act, 1992 in Crime No.639 of 2025 on the file of the respondent police, seeks bail. Page2 of 6

¶2It is the case of the prosecution that the petitioner involved in setting fire of the two wheeler belonging to the de facto complainant, due to parking dispute. Hence the complaint.

¶3The learned counsel for the petitioner submits that since the petitioner was standing near the vehicle, he was implicated in this case. He further submits that the petitioner is in judicial custody from 02.01.2026 and he is ready to abide by any conditions that may be imposed by this Court and hence, he prays to grant bail to the petitioner.

¶4The learned Government Advocate (Crl.Side) appearing for the respondent police fairly submitted that the petitioner has no previous case pending against him.

¶5I have given my anxious consideration to the submissions made by the learned counsel on either side and also perused the records available.

¶6In view of the above submissions made by the learned counsel on either side and taking into consideration the allegation put forth against the petitioner and also the long incarceration undergone by him, at this length of time investigation might have been completed. Hence, custodial interrogation of the petitioner is not required and this Court is inclined to grant bail to the Page3 of 6 petitioner, subject to certain conditions.

¶7Accordingly, the petitioner is ordered to be released on bail on his 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 Judicial Magistrate Court, Madukkarai, and 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 identify 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 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 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 actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560]; Page4 of 6

(f) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 23-03-2026 rap Note:

¶1Registry is directed to forthwith upload this order in the Official Website of this Court.

¶2All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code Page5 of 6 To

¶1The Judicial Magistrate Court, Madukkarai.

¶2The Inspector of Police Podanur Police Station, Coimbatore - 641 023.

¶3The Public Prosecutor, High Court, Madras.

¶4The Central Prison, Coimbatore. CRLoOPoNo.o7229oofo2026 C.KUMARAPPAN,oJ. rap CRLoOPoNo.o7229oofo2026 23-03-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-03-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN M.Santhosh ..Petitioner(s) Vs The State of Tamil Nadu Rep. by The Inspector of Police Podanur Police Station, Coimbatore - 641 023. Cr.No.639 of 2025 ..Respondent(s) Prayer: Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail pending investigation in Crime No.639 of 2025, on the file of respondent police. For Petitioner(s): Mr.R.Ramesh Babu For Respondent(s): Mr.S.Vinoth Kumar, Government Advocate (Crl.Side)