Kaviyaru v. State Rep.By, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2026 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR Crl.O.P.No.3334 of 2026

1. Kaviyarasu 2.Krishnaraj ... Petitioners -vsState Rep by, The Inspector of Police, SIPCOT Police Station, Tiruvallur District- 601201 (Crime No.16 of 2026) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in Crime No.16 of 2026 on the file of the respondent police, pending investigation. For Petitioners :

Ms.D. Swathi For Respondent :

Mr.A.Gopinath Government Advocate (Crl. Side)

ORDER

The petitioners, who was arrested and remanded to judicial custody on 13.01.2026 for the alleged offence under Sections 296(b),351(3),132 of BNS r/w 25(1A) of Arms Act in Crime No.16 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that these petitioners were in possession of knife and threatened the general public and when the police tried to restrain 1/5

them they threatened them with dire consequences. Hence the case. 3.The learned counsel appearing for the petitioners submitted that as the petitioners are having some previous cases they have been falsely implicated in this case. He further submitted that only for the statical purpose the respondent has registered the cases against the petitioners and they are in judicial custody from 13.01.2026. He further submitted that the petitioners are ready to cooperate with the investigation and ready to abide by any other stringent conditions that may be imposed by this Court. Hence, he prayed to grant bail to the petitioners.

4.The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that there are 5 previous cases pending against the first petitioner and 2 previous cases pending against the second petitioner. Hence he opposed for grant of bail to the petitioners.

5. Heard both sides and perused the materials available on record including the First Information Report.

6. Considering the above facts and circumstances of the case; the submissions made by the learned counsel on either side; though it is stated that there are some previous cases pending against the petitioner and also considering the period of his incarceration undergone by the petitioners, this Court is inclined 2/5

to grant bail to the petitioners with certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate Court at Tiruvallur , and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioners shall report before the concerned Court everyday at 10:30 a.m for a period of four weeks and thereafter, as and when required for interrogation by the respondent police.

[c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners shall not tamper with the evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions 3/5

have been imposed and the petitioners 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)AIR SCW 6300];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

12.02.2026 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 Judicial Magistrate Court at Tiruvallur 2.The Inspector of Police, SIPCOT Police Station, Tiruvallur District- 601201 3.The Superintendent, Central Prison, Puzhal 4.The Public Prosecutor, High Court, Madras.

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K. RAJASEKAR, J.

smn Crl.O.P.No.3334 of 2026 12.02.2026 5/5