Sivakumar v. State Rep. by Inspector of Police

ORDER The petitioner / sole accused, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 296(b), 118(1) and 351(3) of BNS, 2023 on the file of respondent, seeks anticipatory bail.

¶2The case of the prosecution is that the defacto complainant, a farmer residing at Meenatchi Valasu, Dharapuram Taluk, refused to give sand from his land to the petitioner. Aggrieved by this, on 28.04.2026 at 10:30 a.m. the Page2 of 5 petitioner picked up a quarrel with him at his land. On 29.04.2026 at 10:00 a.m. the petitioner again abused the complainant near his house and assaulted him with a cable wire. The complainant sustained injuries and was admitted to the Government Hospital, following which an FIR was registered. Hence, the case.

¶3The learned counsel appearing for the petitioner would submit that a counter case has been filed against the defacto complainant. He further submitted that a false case has been foisted against him and he has nothing to do with the alleged offence. Thus, he prays to grant anticipatory bail to the petitioner.

¶4The learned Government Advocate (Criminal Side) appearing for the respondent would submit that the offences are grave in nature, investigation is pending, injured has been discharged from the hospital and there is no previous case as against the petitioner, however, opposed to grant anticipatory bail to the petitioner.

¶5Heard both sides and perused the materials available on record.

¶6Considering the representations made on either side, considering the nature of offences charged against the petitioner, considering the fact that injured has been discharged from the hospital and that there is no previous cases Page3 of 5 pending against this petitioner, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

¶7Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate, Dharapuram, 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 learned Magistrate concerned and on further condition that: [a] the petitioner shall report before the respondent police at 10 a.m., every Saturday for a period of 4 weeks; [b] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; [c] the petitioner shall not leave India without the previous permission of the Court; [d] the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and Page4 of 5 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 B.N.S.2023. 13-05-2026 Index: Yes/No Speaking/Non-speaking order GD Note:

¶1Registry is directed to forthwith upload this order in the Official Website of this Court.

¶2All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. To

1.Judicial Magistrate, Dharapuram.

2.The Inspector of Police Mulanur Police Station Tiruppur District

3.The Public Prosecutor, Madras High Court, Chennai. CRLoOPoNo.o11787oofo2026 P.DHANABAL,oJ. GD CRLoOPoNo.o11787oofo2026 13-05-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-05-2026 CORAM THE HON'BLE MR.JUSTICE P. DHANABAL Sivakumar ..Petitioner(s) Vs State rep. by Inspector of Police Mulanur Police Station Tiruppur District . (Crime No. 123/2026) ..Respondent(s) To grant Anticipatory Bail to the Petitioner in the event of his arrest in Crime No. 123 of 2026 on the file of the Respondent police, pending investigation and thus render justice. For Petitioner(s): Mr.N. Ponraj For Respondent(s): Mr.A.Gopinath Government Advocate (Crl.side)