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2026 DAILYLAW 52671 (MAD)

Sivakumar v. The State Rep by The Inspector of Police

CRL OP/18832/2026 · 2026-07-17

G K Ilanthiraiyan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 18832 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-07-2026 CORAM THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN CRL OP No. 18832 of 2026 Sivakumar Door No. 3/38, Periyapalayampatti, Pirandagam - Post, Paramathivelur - Taluk, Namakkal, Tamil Nadu - 637 212. ..Petitioner(s) Vs The State Rep by The Inspector of Police Velagoundampatty Police Station, Namakkal District. Crime No.95 of 2026. ..Respondent(s) PRAYER: Criminal Miscellaneous Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of their arrest in Crime no.95 of 2026 on the file of the Respondent Police. For Petitioner(s): Mr.Deepan Uday For Respondent(s): MS.R.S.INDIRA, GOVT.ADVOCATE (CRL.SIDE) ORDER The petitioner apprehends arrest for the alleged offence under Sections 296(b), 118(1) and 351(3) of BNS Act, 2023 in Crime No.95 of 2026 on the file of the respondent police seeks anticipatory bail. 2. The allegation against the petitioner is that due to a dispute arising https://www.mhc.tn.gov.in/judis CRL OP No. 18832 of 2026 __________ Page2 of 5 from defamatory remarks allegedly made by the accused about the complainant, a wordy quarrel ensued between them, during which the petitioner assaulted the de facto complainant with an aruval, thereby causing injuries to him, leading to the registration of the present case 3. The learned counsel for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He further submitted that he is ready to abide by any conditions that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner. 4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner has no previous case pending against him and that the injured has been discharged from the hospital. Hence, she opposed to grant anticipatory bail to the petitioner. 5. I have given anxious consideration to the submissions made by the learned counsel on either side. 6. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel for both sides, and further taking https://www.mhc.tn.gov.in/judis CRL OP No. 18832 of 2026 __________ Page3 of 5 note of the fact that the injured has already been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. 7. Accordingly, 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 learned Judicial Magistrate Court No.I, Namakkal, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: (a) 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; (b) 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; https://www.mhc.tn.gov.in/judis CRL OP No. 18832 of 2026 __________ Page4 of 5 (c) The petitioner shall report before the respondent Police, everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation; (d) 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]; (e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 17-07-2026 DRL To 1.The Judicial Magistrate Court No.I, Namakkal. 2.The Inspector of Police Velagoundampatty Police Station, Namakkal District. 3.The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 18832 of 2026 __________ Page5 of 5 G.K.ILANTHIRAIYAN, J. DRL CRL OP No. 18832 of 2026 17-07-2026 https://www.mhc.tn.gov.in/judis