SEKAR Vs. STATE

JUDGEMENT

(1.) The petitioners, who were arrested and remanded to judicial custody on 9/1/2026 for the alleged offences punishable under Ss. 329(3), 324(5) and 351(2) of BNS, 2023 read with Sec. 3(1) of Tamilnadu Public Property (Prevention of Damage and Lose) Act, 1984 in Crime No.8 of 2026, registered on the file of the respondent police, seeks bail.

(2.) The case of the prosecution is that, the defacto complainant, who has proposed a company in Gumpli Village, Gummodipoondi Taluk, for which he had agreement with Smith Structure India Private Limited in his own land at S.No.319/4 and 319/5 and started fencing the said land on 8/1/2026; that whileso, the petitioners herein, who belong to the same village objected the fencing work on the ground that the same is causing inconvenience to them and threatened the defacto complainant; that further, they damaged the compound wall of the defacto complainant's land by engaging JCB, thereby caused a damage to the tune of Rs.3,98,125.00. Hence, this case.

(3.) Earlier, this Court by order dtd. 30/1/2026 dismissed the bail petition in Crl.OP.No.2108 of 2026, on the ground that the value of the property damaged was huge and therefore, this Court is not inclined to grant bail to the petitioners.