Sivahari v. State Of Tamilnadu Rep By Inspector Of Police, Siruganur
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/06/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL
1. Sivahari
2. Harikrishnan
3. Ashwin ... Petitioners/Accused Vs State of Tamilnadu Rep by Inspector of Police, Siruganur, Siruganur Police Station, Trichy District, (Crime No. 134 of 2026).
... Respondent/Complainant For Petitioners : Mr.S.Arjun For Respondent : Mr.G.Ganesh Kumar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 134 of 2026 on the file of the Respondent Police. 1/7
ORDER : The Court made the following order :- The petitioners / Accused, who were arrested and remanded to judicial custody on 17.05.2026 for the offences punishable under Sections 310(2) and 311 of BNS, 2023, in Crime No.134 of 2026 on the file of the respondent police, seek bail.
2. The case of the prosecution is that on 16.05.2026, at about 02.25 a.m., while the defacto complainant was travelling on his two wheeler near Akkampatti Kallupuliyan kovil, he was intercepted by the accused persons and took him in a car bearing Registration No.TN 45 BU 9078. Thereafter, the petitioners and other accused persons threatened him with knife point and demanded money from him. Since the defacto complainant did not have any cash with him, the accused persons transferred a sum of Rs.1,22,400/- from the defacto complainant's mobile phone and took away his mobile phone and fled from the scene, leaving behind the key of the defacto complainant's two wheeler. Hence, the complaint.
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3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they were falsely implicated in this case and they have not committed any offence as alleged by the prosecution. The petitioners are not the named accused in the FIR. He would further submit that the co-accused has already been enlarged on bail by this Court and the petitioners have been arrested and remanded to judicial custody on 17.05.2026. Therefore, prayed to grant bail for the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that based on the complaint lodged by the defacto complainant, the case has been registered against the accused persons. He would further submit that the investigation is pending and the offences are grave in nature. Hence, he strongly opposed to grant bail to the petitioners.
5. This Court heard both sides and perused the materials available on record.
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6. Considering the rival submissions made by the learned counsel on either side, nature of offence, and the fact that the petitioners are not the named accused in the FIR and also considering the period of incarceration undergone by the petitioners as well as the fact that the coaccused has already been enlarged on bail by this Court, this Court is inclined to grant bail to the petitioners subject to the following conditions:
[a] Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Lalgudi, and on further conditions that:
[b] the petitioners shall report before the respondent police at 10.30 a.m., until further orders;
[c] the petitioners shall not commit any offence similar to the offence of which they are accused, or suspected, or of the commission of which they are suspected;
[d] the petitioners shall not abscond either during 4/7
investigation or trial;
[e] the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence;
[f] On breach of any of the aforesaid conditions, the learned Judicial 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 by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
(P D B J) 04.06.2026 PNM 5/7
TO
1. The Judicial Magistrate. Lalgudi
2. Do-Through The Chief Judicial Magistrate, Trichy District.
3. The Superintendent, Central Prison, Tiruchirappalli.
4. The Inspector of Police, Siruganur, Siruganur Police Station, Trichy District,
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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P. DHANABAL,J PNM
ORDER
IN CRL OP(MD) No.10131 of 2026 Date : 04/06/2026 7/7