K Prabhakaran v. State Rep By, the Inspector of Police

ORDER The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 324 of BNS, 2023 and Section 3 of Tamilnadu Property (Prevention of Damage and Loss) Act, in Crime No. 14 of 2026, seek anticipatory bail.

¶2The case of the prosecution is that the petitioners and the defacto complainant, Mr. Babu, are co-villagers. On 19.02.2026, at about 2.00 a.m., A1 to A3, along with other accused, allegedly came to the agricultural land of the defacto complainant in an Innova car and, using a crowbar (kadapparai) and a sledgehammer (sammatti), broke and damaged the iron fencing surrounding the land. Hence, the case.

¶3The learned counsel for the petitioner submitted that the petitioners are innocent and they have not committed any offence as alleged by the de facto complainant and they have been falsely implicated in this case. He further submitted that they are ready to abide by any conditions that may be imposed by Page2 of 6 this Court and ready to co-operate with the investigation. Hence, he prayed to grant anticipatory bail to the petitioners.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the occurrence arose out of a property dispute between the parties. He further submitted that no one sustained any injuries in the incident and that the petitioners have no previous criminal antecedents.

¶5I have given my anxious consideration to either side submissions and perused the materials available on record.

¶6From the submissions made by the learned Government Advocate (Criminal Side), it is seen that the occurrence arose out of a property dispute between the parties. No one sustained any injuries in the incident, and the petitioners have no previous criminal antecedents. Considering the nature of the allegations, the facts and circumstances of the case, and the absence of criminal antecedents, this Court is of the view that custodial interrogation of the petitioners is not necessary. Hence, this Court is inclined to grant the petitioners the relief of anticipatory bail, subject to certain conditions.

¶7Accordingly, the petitioners are ordered to be released on bail in the Page3 of 6 event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Sholinganallur, on condition that the petitioners shall execute a separate 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 Magistrate concerned, and on further conditions:

(a) If the petitioners fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) 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;

(c) The petitioners shall report before the respondent Police as and when required for interrogation;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners 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

(e) If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 17-07-2026 JRS To

¶1The Judicial Magistrate, Sholinganallur.

¶2The Inspector of Police Ponnai Police Station, Vellore District. Crime NO.14/2026

¶3The Public Prosecutor, High court of Madras. Page5 of 6 CRLoOPoNo.o18842oofo2026 G.K.ILANTHIRAIYAN,oJ. JRS CRLoOPoNo.o18842oofo2026 17-07-2026 Page6oofo6

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-07-2026 CORAM THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN 1.K Prabhakaran S/o. Krishnamoorthy, No. 89, 1st A Main 1st Cross., Mookambika Nagar., Hosakerhalli Banashankari III Stage, Bangalore South, Karnataka- 560 085 2.Ravi S/o. Krishnamoorthy, No,. 267, 6th Cross, 6th main Road Bhuvaneshwari Nagar, Banashankari III Stage, Bangalore South Karnataka- 560 085 3.Sujatha W/o. Ravi, No.233 , 4th Cross 18th Main ,Subramanyapura, Bangalore South, Karnataka 560061. No.233 , 4th Cross 18th Main ,Subramanyapura, Bangalore SouthKarnataka 560061. 4.Narasammal W/o. Krishnamoorthy, No. 322/8, Ramar Koil Street, T.S. Palli village, Ponnai Post.,Vellore District, Tamilnadu 632 514 ..Petitioners Vs State Rep By, The Inspector of Police Ponnai Police Station, Vellore District. Crime NO.14/2026 ..Respondent PRAYER: This Criminal Original Petition is filed under Section 482 of BNNS, Page1 of 6 2023, praying to direct the release of the petitioners on bail, in the event of their arrest pending investigation in Crime NO.14 of 2026 on the file of the respondent police station. For Petitioner(s): Mr.K. Munusamy For Respondent(s): Mr.N.Palanivel Government Advocate (crl.side)