Sivalingam v. The State By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-05-2026
CORAM
THE HON'BLE MR.JUSTICE P. DHANABAL
1. Sivalingam S/o Gangatharan, No.1.Malaimanjanur, Thanipadi, Thandrampet Taluk, Tiruvannamalai district
2. Jayasundar S/o Sivalingam, No.1, Malaimanjanur, Thanipadi, Thandarampattu Taluk, Thiruvannamalai District.
..Petitioner(s) Vs The State by, The Inspector of Police, Thanipadi Police Station, Thiruvannamalai District Crime No. 73 of 2026.
..Respondent(s) Prayer: This petition is filed under Section 482 of BNSS To Enlarge the petitioner on Anticipatory Bail in the event of Arrest in Crime No. 73 of 2026, on the File of Inspector of Police, Thanipadi Police Station, Thiruvannamalai Distrist and thus render Justice. For Petitioner(s):
S. Silambu Selvan S.A. Palaninathan A. Mir Hassan Abbas Y. Mohammed Ali A. Suganya For Respondent(s):
Mr.S.Balaji, Government Advocate ( Crl side)
ORDER
The petitioners, who apprehend arrest in the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1), and 351(3) of BNS r/w Section 4 of TNPWH Act in connection with the Cr. No.73 of 2026, seeks anticipatory bail.
2. The case of the prosecution is that there was a land dispute between the petitioners and the defacto complainant, due to which there was a quarrel between them which escalated into violence and assault. As a result of which the defacto complainant sustained injuries. Hence the case.
3. Learned counsel appearing for the petitioners submitted that the petitioners are innocents. They have not committed any such offence as alleged by the prosecution. He further submitted that it is a case and counter case and injured has been discharged from the hospital. He further submitted the petitioners are ready to abide by any conditions that may be imposed by this Court. Hence, he prayed to grant anticipatory bail for the petitioners.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that it is a case and counter case and the injured has been discharged from the hospital. He
further submitted that there is no previous case pending against the petitioner However, he vehemently opposed to grant anticipatory bail to the Petitioners.
5. Heard both sides and perused the materials available on record.
6. Considering the rival submissions on either side, considering the nature of offences, it is case and counter case and injured has been discharged from the hospital and there is no previous case pending against the petitioner, I am inclined to grant anticipatory bail to the petitioners subject to the following 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, Thandrampet on condition that each of the petitioners shall execute separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that:
[a] the petitioners shall report before the respondent police on every Saturday at 10.00 a.m for a period of four weeks and thereafter as and when required for interrogation.
[b] the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer; [c] the petitioners shall not leave India without the previous permission of
the Court;
[d] the petitioners shall not abscond 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 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 5560].
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.2023.
13-05-2026 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 Judicial Magistrate, Thandrampet 2.The The Inspector of Police, Thanipadi Police Station, Thiruvannamalai District
3. The Public Prosecutor, High Court Madras
P.DHANABAL, J.
smn 13-05-2026