S.Siva v. State Of Tamilnadu Rep By Inspector Of Police, Thiruppachethi
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/03/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL S.Siva, S/o. Sankar, ... Petitioner/Accused Vs State of Tamilnadu Rep by Inspector of Police, Thiruppachethi Police Station, Sivagangai District.
Crime No.4 of 2026. ... Respondent/Complainant For Petitioner : Mr.Haroon Rasheed, For Respondent : Mr.P.Kottai Chamy, Government Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.4 of 2026 on the file of the Respondent Police.
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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Section 303(2) of BNS (Corresponding 379 of IPC), in Crime No.4 of 2026 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner along with the other accused, attempted to commit theft of a Hero Splendor Plus bearing Registration No. TN 63 AC 5594, belonging to the defacto complainant. Hence, the case.
3. The learned counsel for the petitioner submits that the petitioner is innocent and he was falsely implicated in this case and he is no way connected in the above said incident. He has not committed any offence as alleged by the prosecution. He further submitted that co-accused released on bail. Hence, he prays to grant Anticipatory Bail to the petitioner.
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4. The learned Government Advocate (Crl. Side) fairly submits that the petitioner along with the other accused, attempted to commit theft of a Hero Splendor Plus bearing Registration No. TN 63 AC 5594, belonging to the de facto complainant and also submitted that eight previous cases are pending against the petitioner. Hence, he opposes to grant anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the rival submissions on either side and the nature of offences charged against the petitioner and also considering the facts that co-accused released on bail, the present complaint has been lodged against the petitioner with delay and though eight previous cases are pending against him and in all those cases the petitioner has been granted bail and this petitioner is not names accused in all cases, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions:
[a] Accordingly, the petitioner is ordered to be released on anticipatory bail on condition to execute a bond for a sum 3/6
of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Thiruppuvanam, and on further conditions that: [b] the petitioner shall report before the respondent police, on every Saturday at 10.30 a.m. for a period of four weeks and thereafter as and when required for the interrogation.
[c] the petitioner shall not commit any offences of similar nature.
[d] the petitioner shall not abscond either during investigation or trial.
[e] the petitioner shall not tamper with evidence or witness either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Judicial 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. 4/6
State of Kerala [(2005)AIR SCW 5560].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
(P D B J) 25.03.2026 TTA TO 1.The Judicial Magistrate, Thiruppuvanam.
2.Inspector of Police, Thiruppachethi Police Station, Sivagangai District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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P. DHANABAL,J TTA
ORDER
IN CRL OP(MD) No.5830 of 2026 Date : 25/03/2026 6/6