Sivakumar v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/06/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL Sivakumar ... Petitioner/Accused Vs The State of Tamilnadu Rep., By the Inspector of Police, Thiruppathur Town Police Station, Sivagangai District (Crime No. 26 of 2022)..

... Respondent/Complainant For Petitioner : Mr.J.Yesu Subananth, For Respondent : Mr.N.Balasubramanian, Counsel for State of TN (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 26 of 2022 on the file of the respondent police. 1/7

ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 04.03.2026 for the offences punishable under Section 302 and 380 of IPC, in Crime No.26 of 2022 on the file of the respondent police, seeks bail

2. The case of the prosecution is that the defacto complainant lodged a complaint stating that some persons said to have murdered his mother and taken away the golden jewels. During the course of investigation the petitioner was arrested on 04.03.2026 on the basis of the circumstantial evidence.

3. The learned counsel appearing for the petitioners would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submit that in this case, charge sheet has already been filed by the prosecution after the completion of investigation and the petitioner has been arrested and remanded to 2/7

judicial custody on 04.03.2026. Therefore, prayed to grant bail for the petitioner.

4. The learned Counsel for State of TN (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 though the investigation has been completed, considering the previous antecedents of the petitioner and nature of grave offences, he strongly opposed to grant bail to the petitioner.

5. This Court heard both sides and perused the materials available on record.

6. Considering the rival submissions made by the learned counsel on either side, nature of offence, and the fact that after completion of investigation, charge sheet was filed before the concerned Court by the prosecution; that though the petitioner has previous cases to his credit, the petitioner has got bail in the previous cases registered 3/7

against him, as well as taking into account of the period of incarceration undergone by the petitioner, 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 petitioner is ordered to be released on bail on condition to 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 Principal District Munsif cum Judicial Magistrate, Thiruppathur at Sivagangai District, and on further conditions that:

[b] the petitioners shall report before the learned Principal District Munsif cum Judicial Magistrate, Thiruppathur at Sivagangai District daily 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 investigation or trial;

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[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) 22.06.2026 PNM 5/7

TO 1.The Principal District Munsif cum Judicial Magistrate, Thiruppathur at Sivagangai District

2. The Superintendent, Central Prison, Coimbatore, Coimbatore District.

3. The Inspector of Police, Thiruppathur Town Police Station, Sivagangai District

4. 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.11834 of 2026 Date : 22/06/2026 7/7