Supreme Court - Daily Orders
R Sivakumar vs The State Of Tamil Nadu on 19 February, 2026
Author: Prashant Kumar Mishra
Bench: Prashant Kumar Mishra
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL No.________ OF 2026
(Arising out of SLP(Criminal) No.20456/2025)
R SIVAKUMAR Appellant(s)
VERSUS
THE STATE OF TAMIL NADU Respondent(s)
O R D E R
1. Leave granted.
2. This appeal would call in question the order passed by the High Court dated 12.11.2025, cancelling the anticipatory bail granted to the appellant on 23.01.2020.
3. The only ground on which the anticipatory bail granted to the appellant was cancelled is that the appellant failed to comply with the direction/ condition to deposit a sum of Rs.6,05,000/-, as contained in the order dated 23.01.2020 and therefore, for such non-compliance, the appellant Signature Not Verified cannot be allowed to continue to enjoy the Digitally signed by NISHA KHULBEY Date: 2026.02.26 17:17:27 IST Reason: benefit of anticipatory bail. 2
4. Learned counsel appearing for the appellant submitted that the appellant has already deposited a sum of Rs.6,05,000/- by way of two Demand Drafts and the same is recorded in the order passed by the Special Judge, Special Court under the Tamil Nadu Protection of Interests of Depositors (in Financial Establishment) Act, 1997 (for short, ‘TNPID Act’) in its order dated 07.03.2024.
5. Mr. Sabarish Subramanian, learned counsel appearing for the respondent would submit that although, the High Court has cancelled the anticipatory bail granted to the appellant only on account of non-deposit of Rs.6,05,000/-, there were other grounds urged in the application seeking cancellation of anticipatory bail. According to him, the appellant failed to settle the amount with the depositors by repaying them and was also not co-operating with the trial therefore, the High Court in its order dated 26.07.2023, directed the State to take immediate steps to file an application 3 seeking cancellation of bail.
6. Be that as it may, the ground on which the anticipatory bail has been cancelled is non-deposit of Rs.6,05,000/-. However, the said ground being found factually incorrect and for the reason that there are other grounds on which cancellation of bail was sought, we deem it appropriate to set aside the impugned order passed by the High Court and remit the matter back to the High Court for consideration of the State’s prayer for cancellation of bail afresh.
7. The remission of the matter back to the High Court for reconsideration is for the reason that there are other grounds germane to the entire subject matter which prevailed upon the High Court while passing order dated 26.07.2023 to direct the State to take immediate steps to file an application seeking for cancellation of bail.
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8. Before parting, we have considered the affidavit filed by the State/The Deputy Supreintendent of Police, Economic Offence Wing-II, Salem explaining the circumstances under which he had moved an application seeking cancellation of bail.
9. Considering the entire conspectus, we are of the view that notice issued to the respondent, deserves to be discharged for the reason that such application for cancellation of bail was moved consequent upon the observations made by the High Court in its order dated 26.07.2023.
10. In the afore-stated terms, the appeal stands allowed.
11. Pending application(s), if any, shall stand closed.
......................J. (PRASHANT KUMAR MISHRA) .................J. (K.V. VISWANATHAN) New Delhi 19.02.2026 5 ITEM NO.2 COURT NO.16 SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 20456/2025 [Arising out of impugned final judgment and order dated 12-11-2025 in CRLMP No. 1901/2025 passed by the High Court of Judicature at Madras] R SIVAKUMAR Petitioner(s) VERSUS THE STATE OF TAMIL NADU Respondent(s) IA No. 327418/2025 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT Date : 19-02-2026 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA HON'BLE MR. JUSTICE K.V. VISWANATHAN For Petitioner(s) :
Mr. S. Hari Haran, Adv. Mr. Vikash Singh, AOR For Respondent(s) :
Mr. Sabarish Subramanian, AOR UPON hearing the counsel the Court made the following O R D E R
1. Leave granted.
2. The appeal stands allowed in terms of the signed order.
2. Pending application(s), if any, shall stand closed.
(NISHA KHULBEY) (CHETNA BALOONI) COURT MASTER(SH) COURT MASTER(NSH) (signed order is placed on the file)