Sivaraj v. State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.01.2026

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO. 1399 of 2026 1.Sivaraj-A1 2.Vijay-A3 3.Sivamallesh-A4 4.Selvaraj-A11 5.Kottaisiva-A14 6.Balagangatharan-A18

...Petitioners

Versus

The State rep. by The Inspector Of Police Anchetty Police Station Krishnagiri District Crime No. 200 of 2025.

Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of their arrest pending investigation in Cr.No. 200 of 2025 on the file of the respondent police.

For Petitioners : Mr.P.M. Jayachandran For Respondent : Ms.J.R. Archana Government Advocate (Criminal Side) ---- 1/6

O R D E R

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 191(3), 126(2), 296(b), 118(1), 324(4), 303 of BNS Act, 2023 in Crime No.200 of 2025 on the file of the respondent Police, seek anticipatory bail. 2.The allegation against the petitioners is that the petitioners joined hands with other accused quarreled, attacked the de-facto complainant with a woodenlog and other weapons and also caused damages to the bike and taken away 5 sovereigns of gold i.e., ring and chain. Hence the case has been registered.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case and they have not committed any offences as alleged by the prosecution. He further submitted that this case is a counter case in Crime No. 201 of 2025 registered against the de-facto complainant on the very same police station. However, the petitioners are ready to co-operate with the investigation, he prays for grant of anticipatory bail to the petitioners. 2/6

4. The learned Government Advocate (Criminal side) for the respondent police, reiterated the prosecution case and submitted that the injured is discharged from the hospital. He further submitted that the investigate is pending and the properties have been recovered. He opposed to grant anticipatory bail to the petitioners.

5. Heard the learned counsels and perused the materials available on record.

6.I have also gone through the FIR and other connected materials. Admittedly, the petitioners were also appeared before the concerned police station after the alleged occurrence and they have also lodged a complaint in Crime No. 201 of 2025 against the de-facto complainant, hence this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Denkanikottai, on condition that the petitioners shall 3/6

execute a 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 condition that: (a) If the petitioners fail to surrender before the concerned Magistrate, within a period of fifteen 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 the identity proofs to ensure their identity;

[c]the petitioners shall report before the respondent Police daily at 6.00 pm for a period of three weeks and thereafter, as and when required for interrogation;

[d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

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[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 23.01.2026 MSM To 1.The Judicial Magistrate, Denkanikottai.

2The Inspector Of Police Anchetty Police Station Krishnagiri District Crime No. 200 of 2025.

3. The Public Prosecutor, High Court of Madras. 5/6

K.RAJASEKAR , J.

MSM Crl.O.P.No. 1399 of 2026 23.01.2026 6/6