Siva @ Sivakumar v. State Of Tamilnadu Rep By Inspector Of Police, Thuvarankurichi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12.11.2025 PRESENT THE HON'BLE MRS JUSTICE S.SRIMATHY Siva @ Sivakumar ... Petitioner/Accused No.1 Vs The State of Tamil Nadu, Represented by, The Inspector of Police, Thuvarankurichi Police Station, Trichy District.

(Cr.No.546 of 2025) ... Respondent/Complainant For Petitioner : Mr.M.Pitchai Muthu For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.546 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 296(b), 115(2), 118(1) & 351(3) of BNS, in Crime No.546 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to previous enmity the petitioner and other accused persons had abused the defacto complainant with filthy language and threatened him with dire consequences and assaulted him. Hence, the present case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and has not committed any offence as alleged by the prosecution. He further submitted that there is no previous case pending against the petitioner. He further submitted that the petitioner is ready and willing to abide by any stringent conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioner.

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4. The learned Government Advocate (Criminal Side) submitted that there is no previous case pending against the petitioner and the injured person has been discharged from hospital. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that there is no previous case pending against the petitioner and the injured person has been discharged from hospital, 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 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, Manapparai, Trichy 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Manapparai, Trichy District, 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 mobile number to the learned Judicial Magistrate, Manapparai, Trichy District. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Manapparai, Trichy District;

(c) the petitioner shall stay at Madurai and report before the Thallakulam Police Station, Madurai District, daily at 10.30.a.m., until further orders;

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

(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 4/6

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.

(S S Y J) 12.11.2025 ebsi TO

1. The Judicial Magistrate, Manapparai, Trichy District.

2. The Inspector of Police, Thuvarankurichi Police Station, Trichy District.

3. The Inspector of Police, Thallakulam Police Station, Madurai District.

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

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S.SRIMATHY,J.

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