Sivakumar @ K.N.R.Sivaraj v. The State Of Tamilnadu, Through The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/09/2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD).No.15060 of 2025 Sivakumar @ K.N.R.Sivaraj, S/o.Ramasamy Goundar, .. Petitioner/Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Karur Town Police Station, Karur District.
(Crime No.735 of 2025) .. Respondent/Complainant For Petitioner :Mr.J.Senthil Kumaraiah Advocate For Respondent : Mr.A.S.Abul Kalam Azad Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.735 of 2025 on the file of the Respondent Police.
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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 192, 353(1)(b), 353(2), 356(2), 356(3) of BNS and 67 of the Information Technology Act, 2000 in Crime No.735 of 2025 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the defacto-complainant is an advocate and political cadre in Karur District. On 16.08.2025, the petitioner published a message in his social media account and spread a fake message regarding the clash between the doctor and political party. The said social media message would create a law and order problem and intentionally induce the clash between the public and doctors. Hence, the case.
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3. The learned counsel for the petitioner would submit that the respondent police lodged a false case against this petitioner. The petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The petitioner is ready and willing to abide any conditions which may be imposed by this Hon'ble Court. Hence, he seeks anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) would submit this petitioner posted message against the defacto-complainant in social media. In this case, investigation is not yet completed. There is no previous case against this petitioner. However, he opposed to grant anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case there is no previous case against the 3/8
petitioner, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.
6. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of his arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.1, Karur 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Judicial Magistrate No.1, Karur and on further conditions that:
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(a) the petitioner 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 petitioner shall furnish his residential address and contact number to the learned Judicial Magistrate No.1, Karur. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.1, Karur;
(c) the petitioner shall appear before the respondent police as and when required for interrogation.
(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;
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(e) the petitioner 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 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 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 thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.
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TO
1. The Judicial Magistrate No.1, Karur
2. The Inspector of Police, Karur Town Police Station, Karur District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY,J gvn
ORDER
IN CRL OP(MD) No.15060 of 2025 Dated : 12/09/2025 8/8