Sivanandham@ Siva v. State of Tamilnadu Rep by Inspector of Police, Swamimalai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/07/2026 PRESENT The HONOURABLE MR. JUSTICE K. RAJASEKAR Sivanandham@ Siva, S/o. Moorthy, 2/277, Moopakoil, Kumbakonam Taluk, Thanjavur District.. ... Petitioner/Accused No.7 Vs State of Tamilnadu Rep by, The Inspector of Police, Swamimalai Police Station, Thanjavur District. (Cr. No. 257 of 2026). ... Respondent/Complainant For Petitioner : Mr.Gurumoorthy S, Advocate. For Respondent : Mr.N.Balasubramanian, Counsel for State of TN (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- C-33B. For Bail in Crime No. 257 of 2026 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner / Accused No.7, who was arrested and remanded to judicial custody on 06.07.2026 for the offences punishable under Sections 310(4), 111(2)(b) of BNS, 2023, r/w Sections 25(1A) and 27(2) of Arms Act, in Crime No.257 of 2026 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that the the petitioner joining hands with other accused involved in preparation of decoity and however, the police have intervened and arrested the accused along with the vehicle used. Hence, the case.

¶3The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. The petitioner is in custody from 06.07.2026 and ready to abide any condition imposed by this Court. He would further submit that the co-accused has already been released on bail. Hence, he prayed bail for the petitioner.

¶4The learned Counsel for State of TN (Crl. Side) appearing for the respondent Police reiterated the prosecution case and reported that the petitioner has seven previous cases. No one was injured in this case. Investigation in this case is still pending. Hence, he prays to dismiss this application.

¶5This Court heard both sides and perused the materials available on record.

¶6Considering the facts and circumstances of the case, though the petitioner has seven previous cases, no one was injured in this case, investigation is still pending, and considering the period of incarceration, I am inclined to grant bail to the petitioner subject to certain conditions. [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Kumbakonam, and on further conditions that: [b] he petitioner shall report before the learned Judicial Magistrate No.II, Kumbakonam, Thanjavur District, at 10.30 a.m., on all working days, for a period of three weeks, thereafter as and when required for interrogation; [c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected; [d] the petitioner shall not abscond either during investigation or trial; [e] 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 her from disclosing such facts to the Court or to any police officer or tamper with the evidence; [f] On breach of any of the aforesaid conditions, the learned Judicial 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 51730]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(K R S J)

31.07.2026 VSG TO

1.The learned Judicial Magistrate No.II, Kumbakonam.

¶2The Superintendent, Central Jail, Trichy.

3.The Inspector of Police, Swamimalai Police Station, Thanjavur District.

¶4The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. K. RAJASEKAR,J., vsg ORDER IN CRL OP(MD) No.15988 of 2026 Date : 31/07/2026