← Library
Madras High CourtCRL OP/20899/2025granted

Siva v. State Represented By, The Inspector Of Police,

2025-09-09Honourable Mrs.Justice T.V.Thamilselvi6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. SIVA S/o, Nagaraj, No.76, Pudhumanai, Venakatasamuthiram, Ambur, Thirupathur

2. NAVEEN S/o, Venkatesan, No.47, Mariyamman Kovil street, Venakatasamuthiram Ambur, Thirupathur Petitioner(s) Vs

1. State represented by, The Inspector of Police, Omerabad Police station Thirupathur (Crime No. 256 of 2025) Respondent(s) PRAYER To enlarge the petitioner on bail in the event of their arrest pending investigation

in Crime No. 256 of 2025 on the file of the respondent and render justice. For Petitioner(s):

T Muruganantham M.Rajkumar M.Praveen V.Vivek For Respondent(s):

Mr. S. Udayakumar Government Advocate Crl. side

ORDER

This petition has been filed to nlarge the petitioner on bail in the event of their arrest pending investigation in Crime No. 256 of 2025 on the file of the respondent.

2. The case of the prosecution is that when the meeting was conducted to discuss about the cultural program to be fixed for the upcoming temple festival the petitioner attacked the defacto complainant. Hence, FIR registered under Sections 296(b), 118(1), 351(3) and 3(5) of BNS Act.

3. The learned counsel appearing for the petitioner submit that the the petitioner has been falsely implicated in this case and he has not committed any offence as alleged by the prosecution. Further, he submits that it is case in

counter. Learned counsel prays to grant anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl side) submits that it is a case in counter. However, vehemently opposed for granting anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that the investigation is almost completed and it is case in counter. Hence, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.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 of receipt of a copy of this order, before the Judicial Magistrate, Ambur, on condition that the petitioner shall 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 respondent police or the police officer who intends to arrest

or to the satisfaction of the learned Magistrate concerned and on further condition that:

[a] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] the petitioners are directed to report before the respondent police on every Saturday and Sunday at 10.00 a.m for a period of 8 weeks.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial. [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 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC. 09-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes

To

1. The Judicial Magistrate, Ambur.

2. The Inspector of Police, Omerabad Police station Thirupathur.

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.

T.V.THAMILSELVI J.

CRL OP No. 20899 of 09-09-2025