Suriyanathan @ Udhadhusuriya v. State Represented By Its The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-05-2026

CORAM

THE HONOURABLE MR.JUSTICE R.SAKTHIVEL Suriyanathan @ Udhadhusuriya S/o. Ravikumar (Late) No.2/29, Poompuhar Sandhu, Rani Anna Nagar, Arumbakkam, Chennai - 600 106.

Petitioner / Accused Vs State Represented by its The Inspector of Police K-3, Aminjikarai Police Station, Chennai.

Crime No.244 of 2026 Respondent / Complainant PRAYER:- Criminal Original Petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to enlarge the Petitioner on Bail in Crime No.244 of 2026, on the file of K-3 Aminjikarai Police Station. For Petitioner:

Mr.R.Mukesh Kannah For Respondent:

Mr.V.J.Priyadarsana, Government Advocate (Criminal Side)

O R D E R

This Criminal Original Petition has been filed by the petitioner on 19.05.2026 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant bail.

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2. The petitioner / accused was arrested and remanded to judicial custody on 07.04.2026 for the alleged offences punishable under Sections 126(2), 115(2), 305(a), 309(4), 311 and 351 (3) of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 in Crime No.244 of 2026 on the file of the respondent police.

3. The case of the prosecution is that on 06.04.2026, the petitioner along with two other accused allegedly trespassed into the house of one Syed Hathi who is the friend of the de facto complainant and committed theft of 1 3⁄4 sovereigns of gold chain and cash of Rs.11,000/-. Thereafter the accused assaulted the defacto complainant and his friend and threatened them with dire consequences. Hence this case.

4. The learned counsel for the petitioner, submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submits that the petitioner has been in judicial custody since 07.04.2026. He further submits that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. He therefore prays to grant bail to the petitioner.

5. Per contra, Mr.V.J.Priyadarsana, learned Government Advocate (Criminal Side) appearing for the respondent police, submits that the 2/6

petitioner/accused trespassed into the house of the de facto complainant's friend and committed theft of 1 3⁄4 sovereigns of gold chain and cash of Rs.11,000/-. The petitioner has also robbed ATM card and assaulted the de facto complainant and his friend. The gold chain and ATM card were recovered from the accused. He further submits that the petitioner has seven previous cases, however no case similar in nature is pending against him. The learned Government Advocate (Criminal Side) contends that if the petitioner is released on bail, there is a chance to once again commit the same offence. Accordingly, he prays for the dismissal of this petition.

6. Heard on both sides. This Court has perused the records.

7. The petitioner was arrested on 07.04.2026 and they are in incarceration since 07.04.2026. Considering the facts and circumstances of the case and also taking into account the fact that the petitioner has no previous case similar in nature, this Court is inclined to grant bail to the petitioner, however, subject to certain conditions. Accordingly, bail is granted to the petitioner subject to the following conditions:

(i) The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the satisfaction of the V Metropolitan 3/6

Magistrate, Egmore.

(ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]. The V Metropolitan Magistrate, Egmore, shall obtain a copy of any one of their identity proof to ensure their identity. (iii) The petitioner shall sign before the respondent Police daily at 10.00 a.m, until further orders.

(iv) The petitioner shall furnish his residence address and mobile number to the V Metropolitan Magistrate, Egmore.

(v) The petitioner shall not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence. (vi) On breach of any of the aforementioned conditions, the V Metropolitan Magistrate, Egmore is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by them as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.

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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 V Metropolitan Magistrate, Egmore.

2. The Superintendent of Prison, Central Prison, Puzhal II, Chennai.

3. The Inspector of Police K-3, Aminjikarai Police Station, Chennai.

4. The Public Prosecutor, High Court, Madras.

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R.SAKTHIVEL J.

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