Sivasubbu @ Siva Vs State Of Tamilnadu Rep By Inspector Of Police, Tirunelveli Town

The petitioner/Accused, who was arrested and remanded to judicial custody on 06.04.2026 for the offences punishable under Sections 296(b), 115(2), 109, and 351(3) of BNS in Crime No.143 of 2025 on the file of the respondent police, seeks bail.

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The case of the prosecution is that due to previous enmity,

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there was a wordy quarrel arose between the parties and that the petitioner herein attacked the defacto complainant and also abused him in filthy language.

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The learned counsel for the petitioner submitted that the

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petitioner was earlier enlarged on bail with a condition to appear before the respondent police every day. Due to non-compliance with the said condition, the bail granted to him came to be cancelled. This is the second petition seeking bail. Hence, prays to grant bail to the petitioner.

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The learned Counsel for State of TN (Crl.Side) appearing

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for the respondent would submit that the petitioner was secured only on 2/7

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https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.11821 of 2026

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06.04.2026 after a considerable period of time. It is further submitted that the case involves an offence of attempt to murder and that the petitioner is a history-sheeter. In such circumstances, if released on bail, there is a likelihood of him absconding again. Hence, he strongly opposed to grant bail to the petitioner.

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This Court heard both sides and perused the materials available on record.

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Considering the rival submissions made by the learned counsel on either side, nature of offence, and considering the fact that already the petitioner was already granted bail in this case and thereafter, due to non-compliance of condition, bail was cancelled by the trial Court, thereafter, the petitioner was remanded into judicial custody on 06.04.2026, as well as considering the stage of completion of investigation and also period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

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3/7

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https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.11821 of 2026

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[a] Accordingly, the petitioner is ordered to be released on bail on condition to 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 learned Judicial Magistrate No.IV, Tirunelveli, Tirunelveli District and on further conditions that:

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[b] the petitioner shall report before the learned Judicial Magistrate No.IV, Tirunelveli, Tirunelveli District, daily at 10.30 a.m., until further orders.

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[c] the petitioner shall not commit any offence similar

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to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected;

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

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[e] 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 him from disclosing

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4/7

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https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.11821 of 2026

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such facts to the Court or to any police officer or tamper with the evidence;

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[f] On breach of any of the aforesaid conditions, the

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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 5560].

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[g] If the accused thereafter absconds, a fresh FIR can

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be registered under Section 269 BNS.

(P D B J) 22.06.2026

PNM

TO