Sivaganesh v. The State Of Tamilnadu Rep By The Sub Inspector Of Police, Thisayanvilai Police Station, Tirunelve

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/08/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Sivaganesh, S/o.Samydurai 2.Sudalai, S/o.Murugan ... Petitioners/A1 & A2 Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Thisayanvilai Police Station, Tirunelveli District.

(Crime No.486 of 2025) ... Respondent/Complainant For Petitioners : Mr.T.Antony Arulraj, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.486 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- 1/5

The petitioners/A1 & A2, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 189(2), 296(b) and 351(3) of BNS, 2023 in Crime No.486 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 19.07.2025, at about 2.00 a.m., while the de-facto complainant was sleeping at his residence along with his family, the accused created a loud noise using two-wheeler and continuously honked, thereby causing a disturbance to the de-facto complainant and the general public. When the de-facto complainant and village elders questioned them, the accused verbally abused them in filthy language and issued death threats. Hence, the present case has been registered.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and have not committed any offence as alleged by the prosecution. They have been falsely implicated in this case. He further submitted that the petitioners are willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioners.

4. The learned Government Advocate (Crl. side) submitted that there are totally six accused persons in this case and the petitioners have been arrayed as A1 and A2. He further submitted that no one sustained any injuries due to the incident. However, he opposed to grant anticipatory bail to the petitioners. 2/5

5. Taking into consideration of the facts and circumstances of the case and the nature of the offence, and also taking note of the fact that no one sustained any injuries due to the incident, and that as the date of occurrence is 19.07.2025, by this time material part of the investigation might have been completed, this court is inclined to grant anticipatory bail to the petitioners, subject to 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 on which the order copy made ready, before the learned Judicial Magistrate, Radhapuram, Tirunelveli District on condition that the petitioners shall 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Radhapuram, Tirunelveli District, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 Aadhar card or Bank pass Book to ensure their identity; (b) the petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate, Radhapuram, Tirunelveli District. In the event of any 3/5

change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate, Radhapuram, Tirunelveli District; (c) the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders;

(d) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioners shall not abscond either during investigation or trial; (f) 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 themselves as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560] and; (g) if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 13/08/2025 / TRUE COPY / /2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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mkn TO 1.The Judicial Magistrate, Radhapuram, Tirunelveli District. 2.The Inspector of Police, Thisayanvilai Police Station, Tirunelveli District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.T.ANTONY ARULRAJ, Advocate ( SR-8803[I] dated 14/08/2025 )

ORDER

IN CRL OP(MD) No.13492 of 2025 Date :13/08/2025 NBF/SAR- /28/08/2025/ 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5