Sivanraj v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.11.2025
CORAM
THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.30409 of 2025 Sivanraj ... Petitioner Vs.
The State rep by, The Inspector of Police, Perambur Police Station, Mayiladuthurai District.
... Respondent (Cr.No.438 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in the event of his arrest in connection with Crime No.438 of 2025 on the file of the respondent police.
For Petitioner : No Appearance For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl. Side)
ORDER
The petitioner apprehends arrest for the alleged offence under 1/5
Sections 296(b), 131 of BNS r/w 25(1A) of Arms Act in Cr.No.438 of 2025, on the file of the respondent police, seeks anticipatory bail.
2. The allegation against the petitioner is that due to quarrel with the defacto complainant, this petitioner had threatened him with dire consequence and also slapped on his face. Hence, the case.
3. Today, there is no representation on behalf of the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case and reported that the defacto complainant had sustained simple injuries and the petitioner is having four previous cases of prohibition offence. Hence, he opposed to grant anticipatory bail to the petitioner.
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5. Heard both sides and perused the materials available on record.
6. Considering the nature of offence and it is a case of no injury. Though previous have been shown against the petitioner, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions
7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance within a period of fifteen (15) days from the date on which the order copy made, before the learned District MunsifCum-Judicial Magistrate, Tharangambadi on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each for a like sum to the satisfaction learned Magistrate concerned, and on further condition that: (a) If the petitioner 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;
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(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 petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory 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 4/5
be registered under Section 269 of BNS Act.
07.11.2025 Vv To
1. The District Munsif-Cum-Judicial Magistrate, Tharangambadi
2. The Inspector of Police, Perambur Police Station, Mayiladuthurai District.
3.The Public Prosecutor High Court of Madras, Chennai 600 104.
K.RAJASEKAR , J.
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