Sivakumar Kalimuthu v. The Deputy Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.10.2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL.OP.No. 29255 of 2025 1.Sivakumar Kalimuthu 2.Krishna M 3.Sanjit Kumar Yadav 4.Lokeshwaran Ravi ..Petitioners
Versus
1.The Deputy Superintendent of Police Kancheepuram Sub Division Kancheepuram District.
2.The Inspector of Police B-5, Walajabad Police Station Kancheepuram District.
3.Parvathy ..Respondents Prayer: Criminal Original Petition filed under Section 482 of BNSS, praying to enlarge the petitioner on bail in the event of his arrest a case in Crime No.283 of 2025 pending investigation on the file of the respondent. For Petitioners :
Mr.Harikrishnan For Respondents :
Mr.S.Udayakumar, Government Advocate (Criminal Side) -- Page Nos.1/7
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2) of BNS, 2023 in Crime No. 283 of 2025 and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002 and Section 3(2)(va) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (Amended) on the file of the respondent Police, seeks anticipatory bail.
2.The allegation against the petitioner is that on 25.07.2025 at about 3.00 p.m, the de-facto complainant along with her husband went to the 1st petitioner's shop to purchase snacks. The 1st petitioner along with employees abused and assaulted the husband of the de-facto complainant, pushed him on the ground and beaten him. When the same was questioned by the de-facto complainant, the petitioners along with their relatives pushed, abused her using obscene words in public view and threatened her with dire consequences. Hence, the respondent police registered a case against the petitioners.
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3. The learned counsel for the petitioners submits that there was wordy quarrel only between the petitioners and the de-facto complainant. The de-facto complainant was attacked by the petitioners with hands only and no offence was attracted under the SC/ST against the de-facto complainant. He further submits that this Court had passed in Crl.O.P.Nos.24853 & 24866 of 2025, dated 23.09.2025 and observed that the complaint itself have not been registered since there was an arrangement between the parties and produced a copy of that order. He also submits that the petitioners are ready to abide by any conditions that may be imposed by this Court and ready to furnish sufficient solvent sureties for his release. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Criminal side) for the respondent police, reiterated the prosecution case and submits that three previous cases are pending against the petitioners herein, the However, he opposed for grant of anticipatory bail to the petitioners. Page Nos.3/7
5. I have also gone through the FIR in Crime No.283 of 2025 registered by the respondent police, wherein, it has been stated that there was a wordy quarrel only, in which, the petitioners attacked the husband of the de-facto complainant, kicked him and pushed him down. No offence was attracted under the SC/ST against the de-facto complainant.
6. Heard the learned counsels and perused the materials available on record.
7. Considering the facts and circumstances of the case and the submissions made by learned counsels on either side, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 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 on which the order copy made ready, before the learned Special Judge for the Trial of Offences under the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act, Kancheepuram, on condition that Page Nos.4/7
the petitioners shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand Only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that:
(a) If the petitioners fails to surrender before the concerned Magistrate, within a period of fifteen 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 the identity proofs to ensure their identity;
[c] the petitioners shall report before the respondent police as and when required for interrogation;
[d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions have been imposed and the Page Nos.5/7
petitioner released on bail by the learned Magistrate/Trial Court themselves 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. 30.10.2025 MSM To 1.The Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act, Kancheepuram, 2.The Deputy Superintendent of Police Kancheepuram Sub Division Kancheepuram District.
3.The Inspector of Police B-5, Walajabad Police Station Kancheepuram District.
4.The Public Prosecutor, High Court, Madras.
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K. RAJASEKAR, J., MSM CRL.OP.No. 29255 of 2025 30.10.2025 Page Nos.7/7