N Sivakumar v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.11.2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL OP Nos. 30809 & 30893 of 2025 1.N.Sivakumar ... Petitioner in Crl.O.P.No. 30809 of 2025 2.Sugumar ... Petitioner in Crl.O.P.No. 30893 of 2025 Vs The State rep. by The Inspector of Police Tiruppur Central Police Station, Tiruppur City, (Crime No. 435 of 2025) Respondent Common Prayer: Criminal Original Petitions filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of their arrest pending investigation in Crime No. 435 of 2025 on the file of the respondent police.
For Petitioner in Crl.O.P.No.30893/2025 : Mr.J.Sadam Hussain For Petitioner in Crl.O.P.No.30809/2025 : Mr.N.Sudharsan For Respondent : Mr.S.Udayakumar Government Advocate (Criminal Side) ---- COMMON
O R D E R
The petitioners, who apprehend arrest at the hands of the respondent 1/6
police for the offences punishable under Sections 296(b), 329(4) of BNS and Section 3 of TNPPDL Act and Section 4 of TNPHW Act in Crime No. 435 of 2025, on the file of the respondent Police, seeks anticipatory bail. `
2. The allegation against the petitioners is that the daughter of the first accused fell in love with one Harikrishnan and both of them standing outside the house of the de-facto complainant on 29.09.2025 during midnight, at that time, A1 along with other persons came there and questioned about their talking in the public place and also quarreled with the de-facto complainant by using filthy language and threatened to kill them. Subsequently, the first accused along with four others had trespassed into the house of the de-facto complainant and damaged the glass doors of the house and household articles and they threatened to kill them. Hence the complaint.
3. The learned counsel for the petitioners submits that the petitioners 2/6
are innocent persons and they have been falsely implicated in this case. He submits that they have not committed any offence as alleged by the prosecution. 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 their 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 investigation had already been completed. However, he opposed to grant anticipatory bail to the petitioner.
5. Heard the learned counsels and perused the materials available on record.
6. Considering the facts and circumstances of the case; submissions made by learned counsels on either side; that the petitioners are the close 3/6
relatives of the de-facto complainant; that the investigation had already been completed, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
7. 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 Judicial Magistrate No.II, Tiruppur, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties [out of which, one surety as blood surety]. each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that:
(a) If the petitioners fail 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 4/6
[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] that the petitioners are directed to deposit a sum of Rs.15,000/- each [Rupees Fifteen Thousand Only] to the credit of Crime No.435 of 2025 on the file of the respondent police within a period of one week from the date of receipt of a copy of this order. The de-facto complainant is permitted to withdraw the amount by filing necessary application in the manner known to law. [d] the petitioners shall report before the respondent Police daily at 10.30 a.m for a period of four weeks and thereafter, as and when required for interrogation;
[e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in 5/6
accordance with law as if the aforementioned 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 vs. State of Kerala [(2005)13 SCC 283];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 12.11.2025 MSM To 1.The Judicial Magistrate No.II, Tiruppur.
2.The Inspector of Police Tiruppur Central Police Station, Tiruppur City, (Crime No. 435 of 2025)
3. The Public Prosecutor, High Court of Madras.
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T.V.THAMILSELVI, J., MSM CRL OP Nos. 30809 & 30893 of 2025 7/6
12.11.2025 8/6