R Sivakumar v. The State Rep By Its Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-05-2026

CORAM:

THE HON'BLE MR.JUSTICE R.SAKTHIVEL R.Sivakumar S/o.Radhakrishnan ..Petitioner/Accused Vs State represented by The Inspector of Police, Chengam Police Station, Tiruvannamalai District.

(Crime No.01/2026) ..Respondent/complainant PRAYER:- Criminal Original Petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant bail to the petitioner in Crime No.01 of 2026 on the file of the respondent police. For Petitioner:

Mr.P.Jayachandran For Respondent:

Mr.L.Baskaran, Government Advocate (Criminal Side)

ORDER

This Criminal Original Petition has been filed by the petitioner on 11.05.2026 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant bail.

2. The petitioner/Accused was arrested and remanded to judicial custody on 05.01.2026 for the alleged offences punishable under Sections 127(2), 326(g), 103(1) of BNS and Section 4 of the TNPPDL Act, in Crime No.01 of 2026 on the file of the respondent-police.

3.

The case of the prosecution is that the petitioner/ accused and the victim are husband and wife. The petitioner/accused, on coming to know about the extra marital affair of his wife with one Sakthivel, murdered both his wife and her paramour by setting fire to the thatched house where they were living. Initially the case was registered under 194(1) of BNSS and later, during the investigation, the case was altered to one under Sections 127(2), 326(g), 103(1) of BNS and Section 4 of the TNPPDL Act.

4. Mr.P.Jayachandran, learned counsel for the petitioner submits that the petitioner is an innocent and has been falsely implicated in this case, solely on suspicion. He further submits that this is the second bail application of the petitioner before this Court and he has been suffering incarceration from 05.01.2026. He, however, submits that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. He therefore prays to grant bail to the petitioner.

5. Per contra, Mr.L.Baskaran, learned Government Advocate (Criminal Side) appearing for the respondent-police submits that the petitioner/accused

committed murder of his wife and the person with whom his wife developed extra marital relationship. He further submits that there are 12 previous cases against the petitioner. He also submits that the earlier bail application filed by the petitioner in Crl.O.P.No.9444 of 2026 was dismissed by this Court on 16.04.2026 and there is no change in circumstances. Hence, he opposes the grant of bail and accordingly, he prays to dismiss the petition.

6. Heard on both sides. This Court has perused all the materials available on record.

7. Considering the facts and cumulative circumstances of the case, when this Court specifically questioned the learned counsel for the petitioner to state any change in circumstances, the learned counsel was unable to do so. Since no change in circumstances has been shown, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, this Criminal Original Petition is dismissed. 20-05-2026 VKR

R.SAKTHIVEL, J.

VKR Note:

1. Registry is directed to forthwith upload this order on the Official Website of this Court.

2. All concerned to act on this order being uploaded on Official Website of this Court without insisting on certified hard copies. To be noted, this order, when uploaded on the official website of this Court, will be watermarked and will also have a QR code.

To 1.The Judicial Magistrate, Chengam, Tiruvannamalai. 2.The Superintendent of Prisons, Central Prison, Vellore.

3.The Inspector of Police Chengam Police Station, Tiruvannamalai District.

4.The Public Prosecutor, High Court of Madras. Order made in 20-05-2026