← Library
Madras High CourtCRL OP(MD)/15409/2025granted

Sivakumar v. State Of Tamilnadu Rep By Inspector Of Police,

2025-09-17Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.09.2025 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No.15409 of 2025

1. Sivakumar

2. Arumugam

3. Malliga 4.Mahalakshmi

5. Karuppaiah

6. Mariyammal ... Petitioners Vs.

The State of Tamil Nadu Represented by The Inspector of Police, Chinnalapatti Police Station Dindigul District (Crime No.219 of 2025) ... Respondent For Petitioner : Mr.M.Gandhirajan For Respondent : Mr.A.S.Abul Kaalam Azad Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.219 of 2025 on the file of the respondent police.

1/5

ORDER: The Court made the following order :- The petitioners/A1 to A6, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 296(b), 115(2) of BNS and Section 4 of TNPHW Act in Crime No.219 of 2025, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the petitioners herein abused the defacto complainant in filthy language, assaulted her and also threatened with dire consequences. Hence the case.

3.The learned counsel appearing for the petitioners submitted that the petitioners have been falsely implicated in this case and they not committed any offence. He seeks this Court to grant anticipatory bail to the petitioner. 4.The learned Government Advocate(Crl.Side) appearing for the respondent would submit that the petitioners herein abused the defacto complainant in filthy language, assaulted her and also threatened with dire consequences thereby he would oppose for grant of anticipatory bail. 2/5

5.Considering the facts and circumstances of the case and also the fact that it is a family dispute and non one sustained injuries in the said occurrence, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, 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 learned Judicial Magistrate, Author, Dindigul District, within a period of fifteen days from the date of receipt of a copy of this order and on further conditions 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 Aadhaar card or bank pass book to ensure their identity; [b]the petitioners 1,2 and 5 shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation; The petitioners 3 and 4 shall report before the respondent police as and when required for interrogation [c]the petitioners shall not tamper with the evidence or witness either during investigation or trial.

3/5

[d]the petitioners shall not abscond either during investigation or trial. [e]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 is 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].

[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

17.09.2025 aav To

1. The Judicial Magistrate, Author, Dindigul District 2.The Inspector of Police, Chinnalapatti Police Station Dindigul District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

S.SRIMATHY,J aav

ORDER

IN CRL OP(MD) No.15409 of 2025 Date : 17.09.2025 5/5