Shiva Alias Shivakumar v. State Represented By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.10.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR Shiva @ Shivakumar ... Petitioner Vs.

The State Rep. By, The Inspector of Police, T-4 Sankar Nagar Police Station, Chennai - 600 070.

Crime No.425 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.425 of 2025 on the file of the respondent police.

For Petitioner :

Mr.V.Basker For Respondent :

Mr.S.Udayakumar, Government Advocate (Criminal Side)

O R D E R

1/4

The petitioner was apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1) and 351(3) of BNS Act, in Crime No.425 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that, due to previous enmity, the petitioner, along with the other accused, abused the de facto complainant in filthy language and assaulted him with a knife, thereby caused the de facto complainant to sustain injuries. Hence, the present case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case. The petitioner is ready and willing to abide by any conditions that may be imposed by this Court hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the case of the prosecution and opposed the grant of anticipatory bail to the petitioner, submitting that it is a counter case, and that the injured has been discharged from the hospital. He further submitted 2/4

that the petitioner has ten previous cases registered against him.

5. Heard the learned counsels on either side and perused the materials available on record.

6. This Court had already dismissed the anticipatory bail application of the petitioner in Crl.O.P.No.25891 of 2025, dated 22.09.2025, by stating the following reasons:

"4. The learned Government Advocate (Criminal side) for the respondent police, reiterated the prosecution case and submits that 10 previous cases are pending against the petitioner/A1 and 8 previous are pending against the petitioner/A2. He further submitted that earlier anticipatory bail petition was dismissed by the Principal Sessions Judge, Chengalpet, in Crl.MP.No.2782 of 2025, dated 10.09.2025. Therefore, he strongly opposed for grant of anticipatory bail to the petitioners.

5. Taking into the fact that 10 previous cases are pending against the petitioner/A1 and 8 previous cases are pending against the petitioner/A2 both are similar in nature, the gravity of offence was committed by the petitioners herein and the investigation in this case is yet to be concluded, at this stage, this Court is not inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition stands dismissed."

K.RAJASEKAR, J.

7. Considering the facts and circumstances of the case, and taking into 3/4

account that this Court, by order dated 22.09.2025, had already dismissed Crl.O.P.No.25891 of 2025 filed by the petitioner, and this is the second anticipatory bail petition with no change in circumstances, this Court is not inclined to reconsider the same.

8. Accordingly, this criminal original petition stands dismissed. 30.10.2025 cda To 1.The Inspector of Police, T-4 Sankar Nagar Police Station, Chennai - 600 070.

2.The Public Prosecutor, High Court of Madras.

4/4