Siva @ Chinna Siva v. State Rep .By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-02-2026
CORAM
THE HON'BLE MR.JUSTICE K.RAJASEKAR Siva @ Chinna Siva S/o.Paneerselvam, No. 40, Bharathiyar Nagar, 4th Street, Ennore, Tiruvallur 600 057.
..Petitioner(s) Vs State Rep .by The Inspector of Police Chrompet Police Station, Chennai District.
Crime No. 264/2025.
..Respondent(s) Prayer: this petition is filed under section 483 of BNSS to enlarge the petitioner on bail in Crime No. 264/2025 on the file of the respondent police and thus render justice.
For Petitioner(s):
R.Rajprabhu S.N.Malik Saleem J.Sadam Hussain D.Naveen Rajsekaran For Respondent(s):
Mr. A. Gopinath Government Advocate (Crl. Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 11.11.2025, for the offence under Sections 126(2), 296(b), 309(4), 311, 351(3) of BNS Act, 2023 in Crime No.264 of 2025, registered on the file of the respondent police, seeks bail.
2. This Court has earlier dismissed the bail petition of the petitioner in Crl.O.P.No.954 of 2026 on 12.01.2026 since he is having 16 previous cases 3.The learned counsel appearing for the petitioner submitted that the petitioner is a innocent and he has been falsely implicated in this case. He further submitted that though the petitioner has some previous cases all of them
have been filed for statical purpose and all the cases were ended in acquittal. He further submitted the petitioner is in judicial custody from 11.12.2025 and ready to co-operate with the investigation and ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner. 4.The learned Government Advocate (Criminal Side) appearing for the respondent while opposing the bail to the petitioner, reiterated the prosecution case and submitted that there are 16 previous cases pending against the petitioner. Hence, he opposed to grant bail to the petitioner.
5. I have gone through the F.I.R and the connected materials which reveals that the previous cases have been filed only for statistical purpose. 6.Considering the facts and circumstances of the case, the period of incarceration undergone by the Petitioner and since the petitioner has not involved in attacking the defacto complainant, this Court is inclined to grant bail to the petitioner herein with certain conditions. 7.Accordingly, the petitioner is ordered to be released on bail on their executing a 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 Court of Judicial Magistrate, Pallavaram and on further conditions that:
[a] 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;
[b] the petitioner shall report before the respondent daily at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation.
[c] 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];
[d] If the accused thereafter abscond, a fresh FIR can be registered under Section of B.N.S.
05-02-2026 Index: Yes/No Speaking/Non-speaking order smn
Note:
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.
To.
1. The learned Court of Judicial Magistrate, Pallavaram
2. The Inspector of Police Chrompet Police Station, Chennai District.
3. The Superintendent, Central Prison II, Puzhal at Chennai.
4. The Public Prosecutor, High Court of Madras.
K.RAJASEKAR, J.
SMN 05-02-2026