S.Saravanan Vs The State rep.by

PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, praying to enlarge the petitioners on anticipatory bail in the event of their arrest in Crime No.0041 of 2026 pending on the file of the respondent police.

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For Petitioners : Mr.K.Vijaya Kumar For Respondent : Mr.N.Palanivel, Government Advocate (Crl.Side)

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O R D E R

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The petitioners were apprehend arrest for the alleged offence under Sections 281 of BNS, 2023 and Section 4 of Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992, in Crime No.0041 of 2026 on the file of the respondent police seeks anticipatory bail.

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2 . The case of the prosecution is that the petitioner, while driving a

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2 . The case of the prosecution is that the petitioner, while driving a

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tipper lorry in a rash and negligent manner, caused damage to a village water supply room, an electric pole, a borewell pump, an electric motor, and a residential house. Hence, the case.

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3 . The learned counsel for the petitioners submitted that the petitioners

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have compensated the victim for the damage caused to his property by paying a sum of Rs.1,30,000/- and that no one sustained any injury in the occurrence. Hence, he prayed for grant of anticipatory bail to the petitioners.

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4 . The learned Government Advocate (Crl. Side) appearing for the respondent police opposed the grant of anticipatory bail and submitted that the damage was caused due to the rash and negligent driving of the first petitioner.

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5 . At this juncture, the learned counsel for the first petitioner, S.Saravanan, filed an affidavit stating that the second petitioner, being the owner of the vehicle, was immediately informed about the incident. As per his instructions, the first petitioner ascertained the loss sustained by the

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Crl.O.P.No.16443 of 2026 victim, Mr.Sathish. Accordingly, a sum of Rs.1,30,000/- was transferred from

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the second petitioner's account to the victim's account through IMPS on

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26.01.2026 towards compensation for the damage caused.

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6 . Taking into consideration the totality of the circumstances, particularly the fact that the petitioners have compensated the victim for the damage caused to his property and that no one sustained any injury in the occurrence, this Court is of the firm view that, at this length of time, the custodial interrogation of the petitioners is not required for the purpose of investigation. Hence, this Court is inclined to enlarge the petitioners on anticipatory bail, subject to certain conditions:

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7. Accordingly, the petitioner s are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned District Munsif cum Judicial Magistrate Court, Pallipattu, on condition that the petitioners shall execute a separate bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

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(a) If the petitioners fails to surrender before the concerned 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;

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(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;

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(c) The petitioners shall report before the respondent police daily at 10.30 a.m. for a period of one week, and thereafter, as and when required for interrogation;

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(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 petitioners 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];

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( e) If the petitioners thereafter absconds, a fresh FIR

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can be registered under Section 269 of BNS Act.

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09.07.2026