R.Suriya v. The State Rep By, The Inspector Of Police,

CRL OP NO. 14876 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-06-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR CRL OP NO. 14876 of 2025 R.Suriya .... Petitioner Vs State Rep. By The Inspector of Police, Kanchi Taluk Police Station, Kancheepuram.

(Crime No.108 of 2025) .... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pending in Crime No.108 of 2025 on the file of respondent police, pending investigation. For Petitioner(s) : Mr.S.Dhilip Kumar For Respondent(s): Mr.L.Baskaran Government Advocate

ORDER

The petitioner, who was arrested and remanded to judicial custody on 15.03.2025, for the offence punishable under Section 103(2) BNS r/w 3 of Explosive Substances Act, 1908, in connection with Crime No.108 of 2025, registered on the file of the respondent, seeks bail.

2. The case of the prosecution is that the petitioner along with other petitioners, is alleged to have involved in throwing country bomb on the deceased 1/4

resulting in the death of the deceased. Hence the case.

3. The learned counsel for the petitioner would submit that the petitioner is falsely implicated in this case. He further submitted that the A11 was already granted bail in Crl.OP.No.10091 of 2025 on 09.04.2025 and A9 was granted bail in Crl.OP.No.12031 of 2025 on 22.04.2025. The petitioner is in judicial custody from 15.03.2025 and hence, further custody of the petitioner is not required. He also submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and opposed for grant of bail to the petitioner. He further submitted that this petitioner helped A1 to take his vehicle and thus colluded for the commission of crime. 5.Heard both sides and perused the materials available on record.

6. Considering the facts and circumstances of the case, the submissions made by the learned counsel on either side and the period of incarceration undergone by the petitioner and the co-accused were released on bail, this Court is inclined to grant bail to the petitioner with certain conditions. 7.Accordingly, the petitioner is ordered to be released on bail on his 2/4

executing 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 Judicial MagistrateII, Kanchipuram, and on further conditions that: a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall appear before the respondent Police at 10.30 a.m., on Saturday and Sunday for a period of three weeks and thereafter as and when required for further interrogation;

[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner M. NIRMAL KUMAR.,J.

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gv 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)13 SCC 283];

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

13-06-2025 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 Court No.II, Kanchipuram. 2.The Inspector of Police, Kanchi Taluk Police Station, Kancheepuram.

(Crime No.108 of 2025) 3.The Superintendent, Central Prison, Puzhal.

4.The Public Prosecutor, High Court, Madras. CRL OP NO. 14876 of 2025 4/4