Sivasubbu v. State Of Tamilnadu Rep By Inspector Of Police, Palayamkottai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.03.2026 PRESENT The HONOURABLE Mr.JUSTICE. K.K.RAMAKRISHNAN CRL.OP.(MD).No.4899 of 2026 Sivasubbu ... Petitioner Vs.

The State of Tamil Nadu, Represented by the Inspector of Police, Palayamkottai Police Station, Tirunelveli City, Tirunelveli District.

(Crime No.92 of 2026) ... Respondent For Petitioner : Mr.N.Vignesh For Respondent : Mr.P.Kottaisamy Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER in all cases :- For Anticipatory Bail in Crime No. 92 of 2026 on the file of the respondent police.

ORDER: The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 309(4) of BNS (Under Section 392 of IPC) in Crime No.92 of 2026, on the file of the respondent police, seeks 1/5

anticipatory bail.

2.The case of the prosecution is that the petitioner and other three accused said to have committed offence of robbery of Rs.1,000/- from the defacto complainant, while he was proceeding in the Palayamkottai to Kokkirakulam on 27.01.2026 at 09.00 a.m. Hence, the respondent police registered the case for the above said offences. 3.The learned counsel appearing for the petitioner submitted that the petitioner is not involved in any such occurrence as alleged in the FIR. The case was registered by the investigating agency without any recovery from the petitioner. He seeks this Court to grant anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl. side) appearing for the respondent on instructions submitted that all the accused are named accused.

They are jointly obstructed the defacto complainant and committed offence of decoity of Rs.1,000/-. A1, A2 and A3 were arrested. A4, who is the present accused was absconded from the scene of occurrence. A1 and A3 were released on bail. A2 was detained under Act 14. Hence, he opposed the grant of anticipatory bail to the petitioner.

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5.Considering facts and circumstances of this case and even as per the allegation of the prosecution, the petitioner absconded from the scene of occurrence and there was no previous case against this petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his 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 No.I, Tirunelveli, within a period of fifteen days from the date on which the order 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 Aadhaar card or bank pass book to ensure their identity. [b]the petitioner shall report before the respondent police daily at 10.30 a.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. 3/5

[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].

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

06.03.2026 TM To 1.The Judicial Magistrate No.I, Tirunelveli.

2.The Inspector of Police, Palayamkottai Police Station, Tirunelveli City, Tirunelveli District.

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

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K.K.RAMAKRISHNAN,J TM

ORDER

IN CRL OP(MD) No.4899 of 2026 Date : 06.03.2026 5/5