Sudalai Kan v. The State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.04.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Sudalai Kan
...Petitioner/Accused 10
Vs.
State rep by The Inspector of Police, Somangalam Police Station, Kancheepuram District.
(Crime No.27 of 2025) ...
Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.27 of 2025 pending investigation on the file of the respondent police. For Petitioner :
Mr.S.Kasirajan For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)
ORDER
This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 16.02.2025, seeking bail Page No.1 of 6
in Crime No.27 of 2025 registered for the offence under Sections 329(4), 310(2), 311, 351(3) of BNS, 2023.
2.It is the case of the prosecution that on 09.02.2025 at about 4.30 p.m., while the defacto complainant was in his house, the petitioner along with the other accused had trespassed into the house of the defacto complainant, attacked him, threatened him of dire consequences and committed theft of 8 sovereigns of gold jewels. Hence, the case. 3.The learned counsel for the petitioner would submit that the allegations are false; that the stolen article has been recovered and the injured has been discharged from the hospital; that co-accused were granted bail by this Court in Crl.O.P.Nos.6681 & 7254 of 2025 on 12.03.2025 and 13.03.2025; and that in any case, further custody of the petitioner is not required and sought for bail.
4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the stolen article has been recovered, there are two previous cases pending against the petitioner and Page No.2 of 6
he is on bail in those cases and that the injured has been discharged from the hospital.
5.Considering the nature of allegations, period of incarceration, the fact that the stolen article has been recovered, the petitioner is on bail in the previous cases, the injured has been discharged from the hospital, the similarly placed co-accused were granted bail by this Court in Crl.O.P.Nos.6681 & 7254 of 2025 and since further custody of the petitioner is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail on his executing a 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 Judicial Magistrate, Thiruperumbudur, 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; Page No.3 of 6
[b] the petitioner shall report before the respondent Police, everyday at 10.30 a.m., until further orders; [c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with 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 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];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
24.04.2025 ata Page No.4 of 6
Copy to:
1.The Inspector of Police, Somangalam Police Station, Kancheepuram District.
2.The Judicial Magistrate, Thiruperumbudur.
3.The Superintendent of Prison, Central Prison, Puzhal.
4.The Public Prosecutor, High Court, Madras.
Page No.5 of 6
SUNDER MOHAN, J.
ata 24.04.2025 Page No.6 of 6