Sivakumar v. State Rep. By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-05-2026

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL

1. Sivakumar S/o.Late Appadurai, 2/109-2, Rasakapalayam, Puliyampatti, Pollachi Taluk, Coimbatore-642 002.

Petitioner(s) Vs

1. State Rep. by, The Inspector of Police, Pollachi East Police Station, Coimbatore District. Crime No.146/2026 (Within the jurisdiction of Judicial Magistrate No.I, Pollachi) Respondent(s) PRAYER: Petition filed under Section 483 of BNSS, 2023 to enlarge the petitioner/accused on bail in Crime No.146 of 2026 pending on the file of the respondent police and thus render justice.

For Petitioner(s):

Mr.S.Ranjith Kumar For Respondent(s):

Mr.R.Vinothraja Government Advocate (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 21.04.2026, for the offences punishable under Sections 105 & 49 of BNS and Section 12 of the Tamil Nadu Gaming and Police Laws (Amendment) Act, 2021, in Crime No.146 of 2026, on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that the the deceased Kuralkannan was taken by one Muniappan to act as jockey in a cockfight on 21.04.2026, during the cocking, Jothulingam's cock flew towards and fell upon the deceased and

knife tied to the cock's leg caused injuries to the right thigh of the deceased, resulting in his death on the way to the hospital. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and has been in custody from 28.04.2026. The petitioner is innocnet and has committed any offence as alleged. He submitted that the petitioner's name was not mentioned in the FIR and there is no materials to show that he was involved in the alleged offence. Hence, he prayed for grant of bail. 4.The learned Government Advocate (Criminal Side) would submit that there are three accused including the petitioner and they used to regulaly indulge in cock fight by tying dangerous weapon in the legs of the cock. He further submitted that investigation is pending. Hence, he opposed the grant of bail.

5. Heard both sides and perused the materials placed on record.

6. Considering the rival submissions on either side and the petitioner is not a named accused in FIR and the period of incarceration undergone by the petitioner from 28.04.2026 as no previous case is pending against the petitioner, I am inclined to grant bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail on

condition to execute a bond 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 Judicial Magistrate No.I, Pollachi and on further conditions that: [b] the petitioner shall report before the respondent police daily at 10:00 am until further orders.

[c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

[d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 5560].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

13-05-2026 dhk Index:Yes/No Speaking/Non-speaking order Internet:Yes 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 official website of this Court will be watermarked and will also have a QR code.

To 1.The Inspector of Police, Pollachi East Police Station, Coimbatore District. Crime No.146/2026 2.The Judicial Magistrate No.I Pollachi 3.The Superintendent, Sub-Jail, Pollachi 4.The Public Prosecutor Madras High Court

P.DHANABAL J.

dhk CRL OP No. 12178 of 13-05-2026