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Madras High CourtCRL OP(MD)/11772/2026granted

Sivakumar v. State Of Tamilnadu Rep By

2026-06-22Honourable Mr. Justice P.Dhanabal7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/06/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL Sivakumar, S/o. Ganesan, 9/261,South Street, Kuruvikulam, Sankarankovil, Tenkasi District..

... Petitioner/Sole Accused Vs State of Tamilnadu Rep By, The Inspector of Police, Kuruvikulam Police Station, Tenkasi District.

(Crime No. 198 of 2026).

... Respondent/Complainant For Petitioner : Mr.S.Selva Kumar, Advocate.

For Respondent : Mr.N.Balasubramanian, Counsel for State of TN (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/7

PRAYER :- C-38AB. For Anticipatory Bail in Crime No.

198 of 2026 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Sole Accused, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 332(C) and 75(2) of BNS, 2023, in Crime No.198 of 2026 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 23.05.2026, the petitioner fell asleep in the neighbouring house in a drunken mode. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he was falsely implicated in this case 2/7

and he is no way connected in the above said incident. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned counsel for State of TN (Crl.

Side) fairly submits that the investigation is still pending and the offences are grave in nature. He would further submit that the petitioner has no previous cases and the injured has been discharged from the hospital. However, 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 relationship between the parties, and also considering the fact that 3/7

no previous cases pending against the petitioner and the injured has been discharged from the hospital, 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 bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate Court, Sankarankovil, Tenkasi District, 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 concerned and on further conditions that:

[b] the petitioner shall report 4/7

before the respondent police once in a week ie., on Every Saturday at 10.30 a.m., for a period of 30 days and thereafter, as and when required for 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 5/7

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 B.N.S.

(P D B J) 22.06.2026 VSG TO 1.The learned Judicial Magistrate Court, Sankarankovil, Tenkasi District.

2.The Inspector of Police, Kuruvikulam Police Station, Tenkasi District.

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

6/7

P. DHANABAL,J., vsg

ORDER

IN CRL OP(MD) No.11772 of 2026 Date : 22/06/2026 7/7