N.Sundara Moorthi v. The State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-05-2026
CORAM
THE HON'BLE MR.JUSTICE P. DHANABAL N.Sundara Moorthi ..Petitioner(s) Vs The State Rep By The Inspector of Police R-4 Soundarapandiyanar Angadi Police Station, Chennai (Cr.No.83 of 2026) ..Respondent(s) To enlarge the petitioner on bail in Cr.No.83 of 2026 on the file of the Inspector of Police, R-4 Soundarapaniyanar Angadi Police Station, Chennai and thus render justice For Petitioner(s):
Mr.M.Jagan For Respondent(s):
Mr.V.J.Priyadarsana Government Advocate (Crl.side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 06.04.2026 for the offences punishable under Sections 126(2), 296(b), 115(2), 125, 309(4), 311, 351(3) of BNS Act, 2023 in Crime. No. 83 of 2026 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 06.04.2026, petitioner threatened the defacto complainant at knife point and robbed Rs.1,160/- and assaulted him.
Hence, the case.
3. The learned counsel for the petitioner would contend that the petitioner is under judicial custody since 06.04.2026. He further submitted that he is an innocent person and he has not committed any offence as alleged by the prosecution. Therefore, he prayed to grant bail to the petitioner.
4. The learned Government Advocate (Criminal Side) reiterated the prosecution case and submitted that petitioner is the sole accused in this case. There are totally three previous cases against him. Out of them, one is murder case. He would further submit that petitioner is a history sheeter. Injured had been discharged from the hospital. Hence, he vehemently opposed the grant of bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the rivals submissions made on both sides and nature of offences charged against the petitioner, and also the fact that though there are previous cases pending against the petitioner, bail has been granted in all those cases, and that injured had been discharged from the hospital, and also taking into consideration the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following
conditions:
[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute 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 learned XVII Judicial Magistrate, Saidapet, Chennai. and on further conditions that: [b] the petitioner shall report before the respondent police everyday at 10.30 a.m. until further orders; [c] the petitioner shall not commit any offence similar to the offence of which she is accused, or suspected, or of the commission of which she is suspected;
[d] the petitioner shall not abscond either during investigation or trial;
[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence; [f] On breach of any of the aforesaid conditions, the
learned Judicial 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].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.2023.
14-05-2026 Index: Yes/No Speaking/Non-speaking order GD 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 XVII Judicial Magistrate, Saidapet, Chennai. 2.The The Inspector of Police R-4 Soundarapandiyanar Angadi Police Station, Chennai
3. The Superintendent
Central Prison, Puzhal.
4. The Public Prosecutor, Madras High Court.
P.DHANABAL, J.
GD 14-05-2026