Sivakumar v. State Of Tamilnadu Rep By The Sub Inspector Of Police, Palaviduthi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/11/2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Sivakumar ... Petitioner/Accused Vs The State of Tamil Nadu, Rep By,The Sub Inspector of Police, Palaviduthi Police Station, Karur District.

(Crime nNo.159 of 2025) ... Respondent/Complainant For Petitioner : Mr.M.Suresh Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No.159 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 28.10.2025 for the offences punishable under Sections 296(b), 329(4), 109 and 351(3) of BNS Act 2023, in Crime No.159 of 2025 on the file of the respondent police. seeks bail.

2. The case of the prosecution is that the petitioner along with other accused persons have abused the defacto complainant in filthy language and attacked him with sickle, due to which, he sustained injuries. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 28.10.2025. Hence, he seeks bail to the petitioner.

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4. The learned Additional Public Prosecutor submitted that there are no previous case pending against the petitioner and the injured person has been discharged from the hospital. Hence, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also the fact that the injured person has been discharged from the hospital and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on executing 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 Judicial Magistrate No.1, Kulithalai, Karur, and on further conditions that :- [a] 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.

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[b] the petitioner 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. Further, the petitioner shall not intimidate the defacto complainant and shall not enter into the house of the defacto complainant.

[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness 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 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].

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

(S S Y J) 26.11.2025 msrm 4/6

To

1. The learned Judicial Magistrate No.1, Kulithalai, Karur.

.

2. The Superintendent, Sub Jail, Kulithalai.

3. The Sub Inspector of Police, Palaviduthi Police Station, Karur District.

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

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S.SRIMATHY,J.

msrm

ORDER

IN CRL OP(MD) No.21510 of 2025 Date : 26.11.2025 6/6