Sivakumar v. State By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11-11-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
1. SIVAKUMAR
2. Ekambaram
3. Mageswari
4. Kasthuri
5. Vajjirammal
6. Mohanammal
7. Yasodha Petitioner(s) Vs State by, Inspector of Police, Pallikonda Police Station, Vellore District. Crime No.144 of 2025 Respondent(s) PRAYER Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioners on bail in the event of arrest by the respondent police in Crime. No.144/2025 on the file of the respondent police.
For Petitioner(s):
Thirumoorthy D For Respondent(s):
Mr.S.Udayakumar Government Advocate (Criminal Side)
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 189(2), 296(b), 115(2), and 351(2) of BNS Act, 2023 and Section 4 of TNPHW Act, 2002 in Crime No. 144 of 2025, on the file of the respondent Police, seek anticipatory bail. 2.The allegation against the petitioners is that, due to property dispute, a wordy quarrel arose between the petitioners and the defacto complainant, during which the petitioners abused the defacto complainant in filthy language, attacked him and also damaged the properties, thereby causing injuries and also threatened him with dire consequences.
3. The learned counsel for the petitioners submits that the petitioners 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 there is no previous case pending against them. 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 there was some wordy quarrel between the petitioners and the de-facto complainant on the previous occasion relating to property dispute. He further submits that the injured person has been discharged from the hospital. He further submits that there is no previous case pending against the petitioners. However, he opposed to grant anticipatory bail to the petitioners.
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 and considering the fact that the injured has been discharged from the hospital, 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 (Additional Mahila), Vellore, on condition that the petitioners shall execute a separate bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand Only) each 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 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 [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 daily 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 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 petitioners 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.
11-11-2025 gbi
To 1.State by, Inspector of Police, Pallikonda Police Station, Vellore District. Crime No.144 of 2025 2.The Judicial Magistrate (Additional Mahila), Vellore.
3.The Public Prosecutor, High Court of Madras.
K.RAJASEKAR J.
gbi CRL OP No. 30732 of 11-11-2025