CRL OP No. 17829 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-06-2025 CORAM THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR CRL OP No. 17829 of 2025 SIVAKUMAR Petitioner Vs The State Rep. by the Inspector of Police, Kundadam Police Station, Tiruppur District In Cr. No.40/2025. Respondent PRAYER Criminal Original Petition filed under Section 482 of B.N.S.S., pleased to grant bail to anticipatory bail petition to the petitioner in event of arrest in connection with Cr. NO. 40/2025 on the file of the respondent. For Petitioner: Mr.J.William Christopher For Respondent: M/s. R. Vinoth Raja Ga (crl. Side) ORDER The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 191(3), 118(1), 109, https://www.mhc.tn.gov.in/judis CRL OP No. 17829 of 2025 351(3) of BNS in Crime No.40 of 2025, on the file of the respondent police, seeks anticipatory bail. 2. The case of the prosecution is that, due to previous enmity, petitioner along with other accused waylaid the defacto complainant and abused in filthy language and also attacked him using deadly weapons, due to which, defacto complainant sustained injuries. Hence the case. 3. The learned counsel for the petitioner is innocent; that he has been falsely implicated in this case; and that in any case custodial interrogation of the petitioner is not required for the purpose of investigation, hence, he prayed for grant of anticipatory bail. 4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the co- accused already arrested and released on bail. He further submitted that the injured has been discharged from the hospital. https://www.mhc.tn.gov.in/judis CRL OP No. 17829 of 2025 5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and also perused the materials available on record. 6. Considering the submissions made on either side; nature of allegation; that the co-accused already arrested and released on bail and since custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions: (a) Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his/her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate, Tharapuram 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 the police officer who intends to arrest or to the satisfaction of the said Magistrate, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [b] the petitioner shall stay at Chennai and report before the Inspector of Police, B2-Esplanade Police Station everyday at 10:30 a.m., until further orders; https://www.mhc.tn.gov.in/judis CRL OP No. 17829 of 2025 [c] the petitioner shall not tamper with evidence or witness either during investigation or trial; [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 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 of BNS. 27-06-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis CRL OP No. 17829 of 2025 https://www.mhc.tn.gov.in/judis CRL OP No. 17829 of 2025 To 1.The State Rep. by the Inspector of Police, Kundadam Police Station, Tiruppur District In Cr. No.40/2025. 2.The Judicial Magistrate, Tharapuram. 3.The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 17829 of 2025 M.NIRMAL KUMAR J. gbi CRL OP No. 17829 of 2025 27-06-2025 https://www.mhc.tn.gov.in/judis