Siva v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/01/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Siva ... Petitioner/Accused Vs The State of Tamil Nadu, Rep By, The Inspector of Police, Bazaar Police Station, Ramanathapuram District.

Cr.No.608 of 2009. ... Respondent/Complainant For Petitioner : Mr.D.Balamurugapandi For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To enlarge the petitioner on bail in S.C.No.57 of 2022 on the file of Additional District and Sessions Judge, Ramanathapuram, Ramanathapuram District in Cr.No.608 of 2009 dated 06.11.2009, on the file of respondent police and thus render justice. 1/6

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 25.08.2025 for the offences punishable under Sections 294(b), 307 and 302 r/w. 34 of IPC (U/s. 296(b), 109, 103(1) r/w. 3(5) of BNS), in in S.C.No.57 of 2022 on the file of Additional District and Sessions Judge, Ramanathapuram, Ramanathapuram District in Cr.No.608 of 2009 dated 06.11.2009, on the file of respondent police on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to a dispute regarding parking a two-wheeler, the accused persons abused the defacto complainant and his relative, namely Sundaram, in filthy language and beat them with a wooden log, as a result of which the defacto complainant sustained injuries and Sundaram died on the spot. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences 2/6

as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 25.08.2025. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the petitioner had jumped bail, and a non-bailable warrant was issued against him, pursuant to which he was arrested on 25.08.2025. Therefore, he opposed the grant of bail to the petitioner.

5. Taking into consideration of the fact that the petitioner has jumped bail and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Additional District and Sessions Judge, Ramanathapuram, Ramanathapuram District, and on further conditions that :- 3/6

[a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity. [b] the petitioner shall report before the Trial Court daily at 10.30 a.m., until the trial is completed, and before the respondent police at 05.30 p.m., until further orders. [c] the petitioner shall not tamper with the evidence or witness either during investigation or trial. [d] the petitioner shall not abscond either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner is 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)AIR SCW 5560].

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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(S S Y J) 20.01.2026 jbr TO

1. The Additional District and Sessions Judge, Ramanathapuram, Ramanathapuram District.

2. The Superintendent, District Jail, Ramanathapuram.

3. The Inspector of Police, Bazaar Police Station, Ramanathapuram District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY,J jbr

ORDER

IN CRL OP(MD) No.696 of 2026 Date : 20/01/2026 6/6