Siva Kumar v. State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-10-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
1. Siva Kumar S/o.Devaraj and 2 Others
2. Udayakumar S/o. Devaraj Both are residing at Mariyamman Kovil Street, Palloipattu, Vaniyambadi.
3. Ajith S/o. Shankar., Kollakottai, Pallipattu, Vaniyambadi, Tirupathur District Petitioner(s) Vs
1. State rep by, The Inspector of Police, Vaniyambadi Taluk Police Station, Vaniyambadi, Tirupattur District.
(Crime No.367 of 2025) Respondent(s) PRAYER To enlarge the petitioners on bail in the event of their arrest in crime No. 367 of 2025 on the file of the Inspector of police, Vaniyambadi Taluk Police Station, Vaniyambadi, Tirupatturr District and thus render justice.
For Petitioner(s):
Vinodh Kumar S.Suresh A.S.Shankar M.Selvarasi G.Udhaya Kumar S.Lal Devasagayam U.Vignesh For Respondent(s):
Mr.A.Gopinath Government Advocate (Crl.Side)
ORDER
The petitioners apprehend arrest for the alleged offence under Section 189(2), 296(b), 115(1), 118(1), 351(3) of BNS in Crime No.367 of 2025, on the file of the respondent police seek anticipatory bail.
2. The allegation against the petitioner is that due to wordy quarrel, the petitioners joined hands with other accused attacked the defacto complainant and caused grievous injuries. Hence, the complaint.
3. The learned counsel for the petitioners submitted that victim in this case discharged from the hospital and the petitioners are not having any previous case and prays to grant anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police, reported that the victim has been discharged from the hospital and the petitioners are not having any previous case. However, he opposed to grant anticipatory bail to the petitioners.
5. Considering the above fact and circumstances of the case and that the victim has been discharged from the hospital and the petitioners are not having any previous case, 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 (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate, Vaniyambadi, on condition that the petitioners shall execute a separate bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only), each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition:
(a) If the petitioners fails to surrender before the concerned 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 everyday at 10.30 a.m., for a period of two weeks 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 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 accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
10-10-2025 Mpa Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Judicial Magistrate, Vaniyambadi.
2.State rep by, The Inspector of Police, Vaniyambadi Taluk Police Station, Vaniyambadi, Tirupattur District.
(Crime No.367 of 2025) 3.The Public Prosecutor High Court of Madras.
K.RAJASEKAR J.
mpa CRL OP No. 27728 of 10-10-2025