Suriya @ Power Suriya v. State Rep.By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.06.2025
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Suriya @ Power Suriya .. Petitioner/A5 Vs.
State Rep By:
The Inspector of Police, Sholavaram Police Station, Thiruvallur District.
(Cr.No.78/2025) .. Respondent PRAYER: Criminal Original Petition is filed under Section 483 of BNSS, to enlarge the petitioner on bail in pending investigation Crime No.78 of 2025 on the file of the respondent Police.
For Petitioner : Mr.P.Chandrasekar For Respondent : Mr.L.Baskaran Govt. Advocate (Crl. Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 12.04.2025, for the offence punishable under Section 310(4) of Bharatiya Nyaya Sanhita, 2023 in connection with Crime No.78 of 2025 on the file of the respondent, seeks bail.
2. The case of the prosecution is that the petitioner along with other Page No.1 of 4
accused was found to make preparation to commit dacoity. Hence the case.
3. The learned counsel appearing for the petitioner is an innocent person. He also submitted that the petitioner is in no way connected with the alleged offence. He further submitted that the co-accused/A3 & A4 has already been granted bail by this court in Crl.OP.No.4904/2025 on 24.02.2025. He further 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. Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner has involved in the preparation to commit dacoity along with other accused. Hence, he strongly opposed to grant bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the facts and circumstances of the case, nature of allegations, submissions made by the learned counsel on either side and the period of incarceration undergone by the petitioner and the petitioner is ready to abide by any stringent condition, 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 Page No.2 of 4
executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Ponneri 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 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 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 petitioners released on bail by the learned M.NIRMAL KUMAR, J.
gv Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court Page No.3 of 4
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.
17.06.2025 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 No.II, Ponneri. 2.The Inspector of Police, Sholavaram Police Station, Thiruvallur District.
3.The Superintendent, Central Prison, Puzhal-II, Chennai.
4.The Public Prosecutor, Madras High Court. Crl.O.P.No.15599 of 2025 Page No.4 of 4