Aatheeshwaran @ Siva v. State Of Tamilnadu Rep By Inspector Of Police, Thiruppalai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 16/02/2026

CORAM

THE HONOURABLE MRS. JUSTICE S.SRIMATHY Aatheeshwaran @ Siva, ... Petitioner Vs.

State of Tamilnadu Rep by Inspector of Police, Thiruppalai Police Station, Madurai District.

Crime No.28/2026.

... Respondent PRAYER :- For Bail in Crime No.28 of 2026 on the file of the respondent Police.

For Petitioner : Mr.T.Venkatesan, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 15.01.2026 for the offences punishable under Section 25(1A) of Arms Act, 1959, in Crime No.28 of 2026 on the file of the respondent police. seek bail.

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2. The case of the prosecution is that the petitioner and other accused were was found in possession of long sword and planning to commence crime. 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 as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court and they are in judicial custody from 15.01.2026. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that there was no injury in this occurrence and there are four previous cases pending as against the petitioner. Hence, he opposed for grant of bail to the petitioner .

5. Taking into consideration of the facts and circumstances of the case and also consideration the period of incarceration suffered by the 2/6

petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

6. Accordingly, this Petition is allowed and 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 Judicial Magistrate No.II, Madurai District, and on further conditions that :- [a] 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 their identity.

[b] the petitioner shall report before the Judicial Magistrate No.II, Madurai District, morning at 10.30 am and shall appear before the respondent police evening at 05.30 pm, until further orders. No relaxation petition will be entertained for next two months;

[c] the petitioner shall not abscond either during investigation or trial.

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[d] the petitioner shall not tamper with evidence or witness 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

16.02.2026 LS TO

1. The Judicial Magistrate No.II, Madurai District 2.The Inspector of Police, Thiruppalai Police Station, Madurai District.

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3.The Superintendent, Central Prison, Dindigul.

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

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S.SRIMATHY,J LS

ORDER

IN CRL OP(MD) No.3198 of 2026 Date : 16/02/2026 6/6