Sivakumar v. State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.12.2025
CORAM
THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.34403 of 2025 Sivakumar ... Petitioner Vs.
State rep by The Inspector of Police, Veppankuppam Police Station, Vellore District.
... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to grant anticipatory bail and enlarge the petitioners on bail in the event of arrest by the respondent police concern in that Crime No.368 of 2025 on the file of the respondent police. For Petitioner : Mr.TA.Narendar For Respondent : Ms.J.R.Archana Government Advocate (Crl. Side)
ORDER
The petitioner, who apprehends arrest for the alleged offence under Sections 296(b), 131 and 132 of BNS 2023 in Cr.No.367 of 2025 on the file of the respondent police, seeks anticipatory bail. 1/5
2. The allegation against the petitioner is that he quarrelled with the defacto complainant, who is the Panchayat Secretary of the village, while the latter was collecting tax. It is alleged that the petitioner abused him with filthy language and also assaulted him with his hands. Hence, the case has been registered.
3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any such offence as alleged by the prosecution and that he is ready and willing to abide by any conditions that may be imposed by this Court. Hence, he prayed for the grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that the investigation is pending. Hence, he vehemently opposed the grant of anticipatory bail.
5. Heard both sides and perused the materials available on record.
6. Considering the facts and circumstances of the case and the submissions made by the learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions, notwithstanding the fact that the investigation is pending. 2/5
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 Judicial Magistrate-III, Vellore District 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;
(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 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 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 3/5
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 be registered under Section 269 of BNS Act.
17.12.2025 Vv To
1. The Judicial Magistrate-III, Vellore District
2. The Inspector of Police, Veppankuppam Police Station, Vellore District.
3.The Public Prosecutor High Court of Madras, Chennai 600 104.
4/5
K.RAJASEKAR , J.
Vv K.RAJASEKAR , J.
Crl.O.P.No.34403 of 2025 17.12.2025 5/5