Siva @ Sivaprakash v. State Rep By, Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

1. Siva @ Sivaprakash S/o.Jaisankar, No.460, Bus Road, Melarachampattu, Odugathur Taluk, Vellore District.

2. Ithishwaran @ Itheeswaran S/o.Uthirakumar, No.339,Eda Street, Nemandhapuram, Vellore District.

3. Sathiyamoorthy S/o.Venkatesan, No.256, Eda Street, Nemandhapuram, Vellore District.

4. Parthiban S/o.Kaliyappan, No.175/1/12, Mandaveli Street, Nemandhapuram, Vellore District.

..Petitioner(s) Vs State Rep by, Inspector of police Veppamkuppamm Police Station, Vellore District.

Crime No.136 of 2026 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petitioners on bail in the event of arrest by the respondent police in crime no.136 of 2026 on the file of the respondent police and thus render justice

For Petitioner(s):

Mr. D.Rameshkumar For Respondent(s):

MR.S.YOGARAJA SEKAR, GOVT.ADVOCATE (CRL.SIDE )

ORDER

The petitioners apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 191(3), 296(b), 115(2), 118(1) and 351(3) of BNS, Act, 2023 in Crime No.136 of 2026, on the file of the respondent Police, seek anticipatory bail.

2. The allegation against the petitioners is that, during a temple festival, a wordy quarrel arose between the parties, and the petitioners allegedly manhandled the defacto complainant, abused him in filthy language and threatened him with dire consequences. Hence, the case.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. He further submitted that the co-accused/A1 & A4 have already been granted anticipatory bail. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that there are totally six accused and that the petitioners are ranked as

A2, A3, A5 and A6. He further submitted that the specific overt act against these petitioners is that they attacked the defacto complainant with bare hands. He further submitted that the injured has been discharged from the hospital. Hence, he opposed to grant anticipatory bail to the petitioners.

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

6. Considering the totality of the circumstances and upon the fact that the injured has been discharged from the hospital and the co-accused have already been granted anticipatory bail, this Court is of the firm view that custodial interrogation of the petitioners is not required. Hence, this Court is inclined to enlarge the petitioners on anticipatory bail, subject to certain 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 (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.III, Vellore, on condition that the petitioners shall execute a separate 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 petitioners 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 petitioners shall report before the respondent Police Station, daily at 10.30 a.m, for a period of 15 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

01-06-2026 DRL

To 1.The Judicial Magistrate No.III, Vellore.

2.The Inspector of police Veppamkuppamm Police Station, Vellore District.

3.The Public Prosecutor, High Court, Madras.

C.KUMARAPPAN, J.

DRL 01-06-2026