Sivaraman v. The State Rep By, The Sub-Inspector Of Police
CRL OP/15322/2026 · 2026-06-30
C Kumarappan
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 44436 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 44436 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRL OP No. 15322 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-06-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 15322 of 2026 Sivaraman S/o Govindhasamy, 8/6 Rani Muthu Nagar, Chinnathirupathi, Mookaneri Road, Salem District. ..Petitioner(s) Vs The State Rep By, The Sub-Inspector Of Police Kannankuruchi Police Station, Salem District. Crime No.148 of 202 ..Respondent(s) Criminal Original Petition filed under Section 482 of BNSS, praying to enlarge the petitioner on bail in the event of arrest in Crime No.148 of 2026 on the file of the respondent police. For Petitioner(s): Mr.C.Deepakkumar For Respondent(s): Mr.N.Palanivel, Govt.Advocate (Crl.Side) ****** https://www.mhc.tn.gov.in/judis
CRL OP No. 15322 of 2026 __________ Page2 of 6
ORDER The petitioner, who apprehends arrest for the alleged offence under Sections 316, 318(4), 336, 336(3), 339 and 351(3) of BNS, 2023 in Crime No.148 of 2026, on the file of the respondent police seeks anticipatory bail. 2.The case of the prosecution is that the petitioner is alleged to have abused the de facto complainant with filthy language and threatened him with dire consequences. Hence, the complaint. 3.The learned counsel appearing for the petitioner submitted that the issue is in respect of the advancement of loan of Rs.14,00,000/- to the petitioner on
28.02.2025. He would further submit that in order to demonstrate his bona fides, the petitioner has volunteered to deposit a sum of Rs.2,00,000/- [Rupees Two lakhs only] before the Court below to the credit of Crime No.148 of 2026. 4.The learned counsel for the intervener would strongly oppose the grant of anticipatory bail by stating that at the time of receipt of loan, the petitioner has given invalid cheque and thereby, cheated the de facto complainant. https://www.mhc.tn.gov.in/judis
CRL OP No. 15322 of 2026 __________ Page3 of 6
5. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and vehemently opposed to grant of anticipatory bail to the petitioner.
6. I have given my anxious consideration to either side submissions.
7. While looking into the entire allegation in the FIR, it only discloses money transaction between the petitioner and the de facto complainant. Considering the above facts and circumstances and that the petitioner is willing to deposit a sum of Rs.2.00 lakhs to the credit of Crime No.148 of 2026, in
order to demonstrate his bona fides, this Court is of the firm view that, at this length of time, custodial interrogation of the petitioner is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. 8. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the Judicial Magistrate No.IV, Salem on condition that the petitioner shall execute a bond for a sum of https://www.mhc.tn.gov.in/judis
CRL OP No. 15322 of 2026 __________ Page4 of 6 Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a) The petitioner shall deposit a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) to the credit of Crime No.148 of 2026 on the file of the learned Judicial Magistrate No.IV, Salem within a period of four (4) weeks from the date of receipt of a copy of this order. (b) On such deposit being made, the Trial Court shall redeposit the said amount in a Fixed Deposit Account, in any one of the Nationalized Banks, renewable thereafter periodically. The disbursal of this amount shall be decided at the culmination of the Criminal Case. (c) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (d) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'.
The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity; (e) 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; https://www.mhc.tn.gov.in/judis
CRL OP No. 15322 of 2026 __________ Page5 of 6 (f) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560]; (g) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 9.This Criminal Original Petition is ordered accordingly. 30-06-2026 KMI To 1.The Judicial Magistrate-IV, Salem. 2.The Sub Inspector of Police, Kannankurichi Police Station, Salem District. 3.The Public Prosecutor Madras High Court. https://www.mhc.tn.gov.in/judis
CRL OP No. 15322 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. KMI CRL OP No. 15322 of 2026 30-06-2026 https://www.mhc.tn.gov.in/judis