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Madras High CourtCRL OP(MD)/9904/2026allowed

Sivankalai v. State Of Tamilnadu Rep By

2026-05-27Honourable Mr Justice K.Murali Shankar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27.05.2026 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR 1.Sivankalai 2.Dinesh 3.Arumugam 4.Panchavarnam ... Petitioners/ Accused 1 to 4 Vs The State represented by The Inspector of Police, Palayanoor Police Station, Sivagangai District.

(Crime No.41 of 2026)

...Respondent/

Complainant For Petitioners: Mr.S.Arokia Selva Ramesh Advocate.

For Respondent : Mr.D.Venkatesh, Counsel for State of TN (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Section 482 of B.N.S.S.

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PRAYER :- For Anticipatory Bail in Crime No.41 of 2026 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 127(2), 296(b), 126(2), 115(2), 118(2) and 351(3) of BNS in Crime No.41 of 2026 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that, due to a previous civil dispute, on 03.05.2026, there was a wordy quarrel between the petitioners and the defact complainant, due to which, the petitioners assaulted the defacto complainant. Hence, the complaint. 3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution.

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4.The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the injured was already discharged from the hospital and that the petitioners are not having any previous cases.

5.Considering the facts that there exists a civil dispute between the parties, that the injured was already discharged from the hospital, that the petitioners are not having any previous cases and that except the offences under Section 118(2) of BNS, all other offences are bailable in nature, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thiruppuvanam, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand 3/6

only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:

[a]the petitioners 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 petitioners shall report before the respondent police daily at 10.30 a.m., for a period of one month and thereafter, as and when required for interrogation;

[c]the petitioners shall not tamper with the evidence or witness either during investigation or trial;

[d]the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down 4/6

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, 2023. (K M S J) 27.05.2026 mbi TO 1.The learned Judicial Magistrate, Thiruppuvanam.

2.The Inspector of Police, Palayanoor Police Station, Sivagangai District.

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

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K.MURALI SHANKAR,J mbi

ORDER

IN Date : 27.05.2026 6/6