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Madras High CourtCRL OP(MD)/1086/2026granted

Siva v. The State Of Tamil Nadu

2026-01-22Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/01/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Siva ... Petitioner/Accused Vs The State of Tamil Nadu, Rep By, The Inspector of Police, Tirumangalam Town Police Station, Madurai District.

Cr.No.14 of 2026.

.. Respondent/Complainant For Petitioner : Mr. S.Pandiyaraj Advocate For Respondent : Mr.S.S. Manoj Government Advocate (Crl.Side) PRAYER :- For Anticipatory Bail in Cr.No.14 of 2026 on the file of the respondent police.

ORDER : The Court made the following order :- 1/6

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 126(2), 296(b), 118(1) and 351(3) of BNS, 2023 Crime No. 14 of 2026 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to wordy quarrel the petitioner herein is said to have attacked the defacto complainant with knife and also abused him in filthy language. Hence, the case.

3. The learned Government Advocate (Crl. side) submits that there are four previous cases pending against the petitioner all relating to the allegations of sand theft and the investigation of the case is pending.

4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. side) appearing for the respondent Police.

4. In spite of the petitioner having previous cases relating to sand theft, considering the fact that the injured has already been discharged 2/6

from the hospital, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

6.Accordingly, the petitioner are ordered to be released on bail in the event of arrest or on their appearance, on condition that the petitioner shall execute 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 Judicial Magistrate, Thirumangalam, Madurai District within a period of fifteen days from the date on which the order copy is made ready and on further conditions that:

(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 Aadhar card or Bank pass Book to ensure heir identity;

(b) the petitioner shall report before the respondent police daily at 10.30 am for a period of four weeks and thereafter, as and when required for interrogation; 3/6

(c) the petitioner shall not tamper with 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 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] and;

(f) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. (S S Y J) 22.01.2026 TRP TO 4/6

1. Judicial Magistrate, Thirumangalam, Madurai District

2. The Inspector of Police, Tirumangalam Town Police Station, Madurai District.

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

S.SRIMATHY,J TRP 5/6

ORDER

IN CRL OP(MD) No.1086 of 2026 Date : 22/01/2026 6/6