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2026 DAILYLAW 45921 (MAD)

Sivasamy v. The State of Tamilnadu

CRL OP(MD)/13451/2026 · 2026-07-07

K Rajasekar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.(MD)No.13451 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07.07.2026 PRESENT THE HONOURABLE MR. JUSTICE K. RAJASEKAR CRL OP(MD). No. 13451 of 2026 Sivasamy ...Petitioner Vs State of Tamil Nadu rep. by The Inspector of Police, Palani Taluk Police Station, Palani, Dindigul District. (Crime No.345 of 2026) ...Respondent/Complainant For Petitioner : Mr.P.Rajkumar Advocate For Respondent : Mr.N.Balasubramanian Counsel for State of TN (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 345 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 12.06.2026, for the offences punishable under Sections 191(2), 191(3), 329(4), 324(4), 296(b), 115(2), 79, 305(a), 351(3) of BNS and Secion 4 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.13451 of 2026 of TNPHW Act in Crime No.345 of 2026 on the file of the respondent police, seeks bail. 2. The case of the prosecution is that due to money dispute the petitioner joining hands with other accused entered into the house of the defacto complainant, attacked with stick and knife and also damaged the CCTV cameras and other articles worth about Rs.75,000/-. Hence, the case. 3. The 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. He would further submit that the A2 and A3 were released on bail by the lower Court. The petitioner is in custody from 12.06.2026 and ready to abide any condition imposed by this Court. Hence, he prayed bail for the petitioner. 4. The learned Counsel appearing for the State reiterated the prosecution case and reported that the petitioner has three previous case including SC/ST Act and caused damages worth about Rs.75,000/-. The injured was discharged from the hospital. Investigation in this case is still pending. He opposed the grant of bail to the petitioner. 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.13451 of 2026 5. This Court heard both sides and perused the materials available on record. 6. Considering the facts and circumstances of the case, considering the nature of offence, though the petitioner has three previous cases, considering the damages caused by the petitioner, the injured was discharged from the hospital, and also considering the period of incarceration, I am inclined to grant bail to the petitioner on condition of payment. [a] Accordingly, this Criminal Original Petition is allowed on condition that the petitioner shall deposit a sum of Rs.35,000/- (Rupees Thirty Five Thousand only) to the credit of Cr.No.345 of 2026 before the trial Court concerned, without prejudice to his rights and contentions before the trial Court. [b] On such deposit being made, 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, Palani, and on further conditions that: [c] the petitioner report before the respondent police, daily 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.13451 of 2026 at 10.30 a.m., for a period of three weeks, thereafter as and when required for interrogation; [d] 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; [e] the petitioner shall not abscond either during investigation or trial; [f] 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; [g] 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]. [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS. (K R S J) 07.07.2026 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.13451 of 2026 TM To 1.The Judicial Magistrate, Palani. 2.The Inspector of Police, Palani Taluk Police Station, Palani, Dindigul District. (Crime No.345 of 2026) 3.The Superintendent, District Prison, Dindigul. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.13451 of 2026 K. RAJASEKAR, J. TM ORDER IN CRL OP(MD) No. 13451 of 2026 Date : 07.07.2026 6/6 https://www.mhc.tn.gov.in/judis