Siva Kumar v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2025
CORAM
THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.28795 of 2025
1. Siva Kumar
2. Saminathan
3. Jaisankar
4. Suresh ... Petitioners Vs.
The State Rep by Inspector of Police, Veppankuppam Police Station, Veppankuppam, Vellore District.
... Respondent (Cr.No.306 of 2025) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in Cr.No.306 of 2025 on the file of the respondent police. For Petitioners : Mr.G.Vinodhkumar For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side) 1/6
O R D E R
The petitioners, who were arrested and remanded to judicial custody on 21.09.2025 for the alleged offence under Sections 191(2), 191(3), 296(b), 115(2), 118(1), 351(3) of BNS and 3 of TNPPDL Act in Crime No.306 of 2025 on the file of the respondent police, seek bail.
2. The case of the prosecution is that due to dispute arose between the parties during temple festival in the village, the petitioners have abused and assaulted the defacto complainant with stone and wooden sticks and caused damage to his two wheeler, worth about Rs.50,000/-. Hence, the present case.
3. The learned counsel appearing for the petitioners submitted that the petitioners have falsely implicated in this case and they have not committed any such offence as alleged by the prosecution. He further submitted that the petitioners are in custody from 21.09.2025 and prays to grant bail to the petitioners.
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4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and reported that investigation is still pending. Hence, he opposed to grant bail to the petitioners.
5. Heard both sides and perused the materials available on record.
6. Considering the facts and circumstances of the case and the period of incarceration, I am inclined to grant bail to the petitioners with certain conditions.
7. Accordingly, the petitioners are ordered to be released on bail on their executing bonds for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, for a like sum to the satisfaction of the Judicial District Munsif-Cum-Judicial Magistrate-III, Vellore and on further conditions that:
[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal 3/6
Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;
[b] the petitioners shall report before the respondent police at 10.30 a.m.,for a period of three weeks and thereafter as and when required for interrogation;
[c] the petitioners jointly shall deposit a sum of Rs.50,000/- to the credit of Cr.No.306 of 2025 before the learned Judicial District Munsif-Cum-Judicial Magistrate-III, Vellore .
[d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];
[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 25.10.2025 Vv 4/6
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.
To
1. The Judicial District Munsif-Cum-Judicial Magistrate-III, Vellore
2. TheInspector of Police, Veppankuppam Police Station, Veppankuppam, Vellore District.
3. The Central Prison, Vellore.
4.The Public Prosecutor, High Court of Madras.
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K.RAJASEKAR , J.
Vv Crl.O.P.No.28795 of 2025 25.10.2025 6/6