S.Krishnamurthi Vs The State Rep By — Anticipatory Bail | Madras HC (2026)

S.Krishnamurthi Vs The State Rep By — Anticipatory Bail | Madras HC (2026)

What the court decided

AI extract

Outcome

Pre-arrest (anticipatory) bail granted to the petitioner subject to conditions, including a bond of Rs.25,000/- with two sureties for like sums before the learned Judicial Magistrate, Dharapuram, deposit of Rs.5,00,000/- to the credit of Crime No.125 of 2026 within four weeks (to be kept in a renewable one-year fixed deposit until final order/judgment), weekly reporting before the respondent police every Monday at 10.00 a.m., availability for interrogation, non-tampering and non-contact conditions (including not entering the victim's house or place), no departure from India without prior permission, and furnishing of residential address and mobile number; breach enables the Judicial Magistrate, Dharapuram or Trial Court to pass appropriate orders in accordance with law as per P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

Issue for consideration

Whether the petitioner, who apprehends arrest in Crime No.125 of 2026 for offences punishable under Section 3 of the Tamil Nadu Public Property (Prevention of Damage and Loss) Act, should be enlarged on anticipatory (pre-arrest) bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Court's answer

The Court found pre-arrest bail warranted because no previous case was pending against the petitioner, he has a permanent residence with less possibility of absconding, he is a first offender, and he was ready to deposit Rs.5,00,000/-; the grant was made with a view to giving the petitioner an opportunity to reform himself.

Ratio / Principle

Pre-arrest bail is granted to the petitioner subject to conditions: release upon arrest or surrender before the learned Judicial Magistrate, Dharapuram within 15 days of the order copy being made ready, on a bond of Rs.25,000/- with two sureties for like sums; deposit of Rs.5,00,000/- to the credit of Crime No.125 of 2026 within four weeks; weekly appearance and signing before the respondent police every Monday at 10.00 a.m.; availability for interrogation; no inducement, threat or promise or tampering with evidence; no entry into the victim's house or place; no threat to the defacto complainant and witnesses; no departure from India without prior permission; and furnishing of residential address and mobile number to the learned Judicial Magistrate, Dharapuram.

Key takeaways

As a condition of bail, the petitioner must deposit Rs.5,00,000/- to the credit of Crime No.125 of 2026 before the learned Judicial Magistrate, Dharapuram within four weeks from the date the order copy is made ready; the Magistrate shall place the amount in an interest-bearing Fixed Deposit in a nationalised bank initially for one year, renewed periodically until the final order/judgment in the case, with entitlement to the amount to be determined by the Magistrate/Trial Court in its final order/judgment.ratio¶¶32

Detailed headnote1 paragraphs

Madras High Court (R. Sakthivel, J.) — Anticipatory bail petition under Section 482, Bharatiya Nagarik Suraksha Sanhita, 2023 by the sole accused apprehending arrest in Crime No.125 of 2026 (Kundadam Police Station, Tiruppur District) for offences under Section 3, Tamil Nadu Public Property (Prevention of Damage and Loss) Act, arising out of demolition of a Bus Stop at Edayapatti Village with a JCB on 28.04.2026, damage assessed at Rs.7,00,000/-. Petition allowed: the petitioner being a first offender with no previous case pending, having permanent residence and less possibility of absconding, and offering to deposit Rs.5,00,000/-, pre-arrest bail granted as an opportunity to reform, conditioned on that deposit (to be placed in a one-year renewable fixed deposit until final order/judgment, entitlement left to the trial court), a Rs.25,000/- bond with two like sureties before the Judicial Magistrate, Dharapuram, weekly Monday reporting, conduct/non-tampering conditions and no exit from India without permission; breach actionable by the Magistrate/Trial Court as laid down in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].