Sivakumar @ Siva v. State of Tamilnadu Rep by Inspector of Police, Uthamapalayam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Sivakumar @ Siva, S/o.Mookkiaya

... Petitioner/Sole Accused

Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Utthamapalayam Police Station, Theni District. (Crime No.216 of 2025)

... Respondent/Complainant

For Petitioner : Mr.S.Sukumar,

Advocate For Respondent : Mr.S.Prakash,

Government Advocate

(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.216 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 105 of BNS, 2023 in Crime No.216 of 2025 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that the de-facto complainant is the brother of the deceased. On 18.06.2025, at about 4.00 a.m., the deceased went to the petitioner's field to cut grass for his cattle. At that time, he came into contact with the electric fencing and died on the spot. Hence, a case has been registered.

¶3The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case. He, however, submitted that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail.

¶4The learned Government Advocate (Criminal Side), by filing a status report, submitted that the petitioner is the sole accused in this case. The petitioner unlawfully tapped electricity from a nearby TNEB electric pole and used it for fencing his field, which resulted in the death of the deceased. He further submitted that there are three previous cases registered against the petitioner. Hence, he strongly opposed to grant anticipatory bail to the petitioner.

¶5Taking into consideration the facts and circumstances of the case, the nature of the offence allegedly committed by the petitioner, and the strong objection raised by the learned Government Advocate (Criminal Side), this Court is of the view that custodial interrogation of the petitioner is necessary in this case. Hence, this Court is not inclined to grant anticipatory bail to the petitioner at this stage.

¶6Accordingly, this Criminal Original Petition is dismissed. sd/- 14/07/2025

/ TRUE COPY /

/2025

Sub-Assistant Registrar ( C.S. I / II / III / IV )

Madurai Bench of Madras High Court,

Madurai - 625 023.

mkn

TO

1.The Inspector of Police, Utthamapalayam Police Station, Theni District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.10633 of 2025 Date :14/07/2025

AS/28.08.2025/4P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.