Suriya v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-01-2026

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. Suriya S/o.Sankar, No.214, Saveriyar Street, Thatchambedi, Tiruvannamalai - 606

902. and another

2. Avinash S/o.Sankar, No.214, Saveriyar Street, Thatchambedi, Tiruvannamalai - 606 902.

Petitioner(s) Vs

1. State Represented by Sub Inspector of Police, Chetpet P.S.

Thiruvannamalai - 606 801. Crime No.392/2025 Respondent(s) PRAYER To enlarge the Petitioner on bail in Crime No.392 of 2025 on the file of the Respondent Police and thus render justice.

For Petitioners: S.Deepika For Respondent(s):

Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

The petitioners, who were arrested and remanded to judicial custody on 28.12.2025, for the offences punishable under Sections 296(b), 115(2), 351(2), 108 of BNS and section 4 of TNPHW Act in Crime No.392 of 2025, registered on the file of the respondent police, seeks bail. 2.

The allegation against the petitioners is that, they were residing near the house of the defacto complainant, since there was a theft in the defacto complainant's house, a complaint was lodged regarding the same. Consequently, the police registered a criminal case and enquired the petitioners/A1 & A2 herein. It is further alleged that the petitioners joined hands with other accused abused the deceased in this case indiscriminately and also threatened him with dire consequences. Hence, unable to bear the insult and assault, he committed suicide by hanging. Hence the petitioners were arrested. 3.

The learned counsel appearing for the petitioners submitted that the petitioners have not abet the suicide of the deceased in this case, and they only questioned the deceased regarding the way in which the complaint was lodged against A1 and A2/the petitioners herein and they are not having any previous case. Hence, prays for grant of bail to the petitioners considering the incarceration.

4. The learned Government Advocate (Crl. Side) appearing for the respondent reiterated the prosecution case and submitted that totally 4 accused in this case, one accused is yet to be arrested and others are in custody and the investigation in this case is pending. Hence, opposed for grant of bail to the petitioners.

5. Considering the nature of the allegations, the fact that this is a suicide case allegedly arising from a quarrel, and considering the period of custody, I am inclined to grant bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail on their executing a separate bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Polur, Tiruvannamalai District, and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of three weeks.

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

[d] the petitioners shall not tamper with the evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners 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];

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

22-01-2026 Mpa Index:Yes/No Speaking/Non-speaking order Internet:Yes

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.

To 1.The Judicial Magistrate, Polur, Tiruvannamalai District. 2.State Represented by Sub Inspector of Police, Chetpet P.S.

Thiruvannamalai - 606 801. Crime No.392/2025 3.The Superintendent, Central Prison, Vellore.

4.The Public Prosecutor, High Court, Madras.

K.RAJASEKAR J.

mpa CRL OP No. 1210 of 22-01-2026