A.C.Sivaganesh v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-04-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN A.C.Sivaganesh ..Petitioner Vs The State rep by The Inspector of Police Tiruppur North Police Station, Tiruppur -641601.

(Crime No.316 of 2026) ..Respondent Prayer: Criminal Original Petition filed under section 482 of BNSS to enlarge the petitioner on bail in the event of arrest in Crime No.316 of 2026 pending before the respondent police.

For Petitioner:

Mr.Mohamed Ismail For Respondent:

Mr.P.Dhileepan Government Advocate (Crl.Side)

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 281, 110 of BNS, 2023 and Section 185 of the Motor Vehicles Act, 1988 in Crime No.316 of 2026 on the file of the respondent police seeks anticipatory bail.

2. The present application has been filed by the petitioner on the charge of driving the vehicle under the influence of alcohol.

3. The learned counsel for the petitioner submitted that the petitioner was innocent and that he has been falsely implicated in this case. He further submitted that he is ready to abide by any stringent condition that may be imposed by this Court and he is ready to co-operate for investigation. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that de facto complainant took treatment as Out-patient. However, he opposed to grant anticipatory bail to the petitioner.

5. I have given anxious consideration to the submissions made by the learned counsel on either side.

6. Considering the facts and circumstances of the case and taking into consideration, the nature of allegation leveled against this petitioner and upon the fact that there is no serious injury to anyone, this Court is of the view that custodial interrogation of the petitioner is not required at this length of time.

Hence, this Court is inclined to enlarge the petitioner on anticipatory bail subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate-I, Tiruppur, on condition that the petitioner shall 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 conditions:

(a) If the petitioner fails to surrender before the concerned learned 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;

(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;

(c) The petitioner shall report before the respondent Police, everyday at 10.30 a.m., for a period of thirty days and thereafter, as and when required for interrogation;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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];

(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

07-04-2026 SHL To:

1. The Judicial Magistrate-I, Tiruppur

2. The Inspector of Police Tiruppur North Police Station, Tiruppur -641601.

3. The Public Prosecutor High Court of Madras

C.KUMARAPPAN J.

SHL 07-04-2026