Sivakumar vs State Rep By The Inspector Of Police
2026 Latest Caselaw 1930 Mad

Citation : 2026 Latest Caselaw 1930 Mad
Judgement Date : 16 April, 2026

[Cites 8, Cited by 0]

Madras High Court

Sivakumar vs State Rep By The Inspector Of Police on 16 April, 2026

                                                                                 Crl.O.P.No.9399 of 2026


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 16.04.2026

                                                          CORAM

                                  THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN

                                                 Crl.O.P.No.9399 of 2026

                  Sivakumar                                                    ... Petitioner
                                                            Vs.

                  State Rep. by its
                  The Inspector of Police,
                  Omerabad Police Station,
                  Tirupattur District.
                  (Crime No.78 of 2026)                                       … Respondent

                  PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya
                  Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on bail in
                  connection with Crime No.78 of 2026 on the file of the respondent.

                                    For Petitioner     : Mr.S.Sivakumar

                                    For Respondent      : Mr.S.Vinoth Kumar,
                                                          Government Advocate (Crl.Side)

                                                          ORDER

The petitioner, who was arrested and remanded to judicial custody on

23.03.2026 for the alleged offences under Sections 296(b), 118(1), 115(2),

109(1) and 351(2) of Bharatiya Nyaya Sanhita (BNS) 2023, (corresponding

Sections 294(b), 324, 323, 307 and 506(ii) IPC) in Crime No.78 of 2026 on

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the file of the respondent police, seeks bail.

2. The allegation against the petitioner is that due to a dispute over

family property between the petitioner and the de facto complainant, the

petitioner assaulted and threatened the de facto complainant with dire

consequences. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that

the occurrence took place on 09.03.2026 and the FIR was registered on

10.03.2026. He would further submit that the co-accused have already been

enlarged on anticipatory bail in Crl.O.P.No.8999 of 2026 dated 09.04.2026.

Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the

respondent police submitted that the injured has already been discharged

from the hospital.

5. Taking into consideration the totality of the circumstances and the

fact that the injured sustained only simple injuries and has been discharged

from the hospital, and that the co-accused have already been released on

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anticipatory bail in Crl.O.P.No.8999 of 2026 dated 09.04.2026, this Court is

of the firm view that at this length of time, the custodial interrogation of the

petitioner is not required. Hence, this Court is inclined to enlarge the

petitioner on bail, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on her

executing 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 learned

Additional District Munsif cum Judicial Magistrate, Ambur, and on

further conditions that:

[a] 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 the identity proofs to ensure their identity;

[b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of 30 days and thereafter as and when required for interrogation;

[c] the petitioner shall not abscond either during investigation or trial;

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[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

16.04.2026 cda

Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

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