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Madras High CourtCRL OP/31559/2025granted

P Sivakumar v. The State Rep By Its Inspector Of Police,

2025-11-19Honourable Mr.Justice K.Rajasekar8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR Crl.O.P.No.31559 of 2025 P.Sivakumar ... Petitioner Vs.

State By, The Inspector of Police, Ariyankuppam Police Station, Puducherry Crime No.153 of 2019 ... 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.153 of 2019 on the file of the respondent police.

For Petitioner :

Mr.R.Karthikeyan 1/8

For Respondent :

M/s.M.V.Ramachandra Murthy Public Prosecutor ( Puducherr)

O R D E R

The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Sections 420 and 34 of IPC, 1860 in Crime No.153 of 2019, on the file of the respondent Police, seek anticipatory bail.

2. It is seen that this Court earlier dismissed the petitioner's anticipatory bail on 07.02.2023 in Crl.O.P.No.25 of 2023 by stating the following reasons :

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Considering the facts and circumstances of the case, gravity of the offence, possibility of abscondance, and detail investigation in this case is required, this Court is not inclined to grant the relief sought for in this petition.

Now, it is reported by the learned Public Prosecutor ( Puducherry) that investigation in this case has been completed and final report also filed and the same has not been taken on file.

3. Considering the change in circumstances that the investigation in this case has been completed and final report has been filed, this Court is inclined to grant anticipatory bail to the petitioner. 3/8

4. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of ten days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.III, Puducherry on condition that each of the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 petitioner fails to surrender before the concerned Magistrate within a period of ten 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 petitioner shall report before the 4/8

respondent police daily at 10.30.a.m., for a period of three weeks and thereafter 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 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. 19.11.2025 sma 5/8

To 1.Judicial Magistrate No.III, Puducherry.

2.The Inspector of Police, Ariyankuppam Police Station, Puducherry 3.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J.

sma 7/8

Crl.O.P.No.31559 of 2025 19.11.2025 8/8