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Madras High CourtCRL OP/14240/2026granted

Suriya @ Suriya Prakash v. The State Of Tamil Nadu, Rep.By Its

2026-06-05Honourable Mr.Justice C.Kumarappan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Suriya @ Suriya Prakash ..Petitioner Vs The State of Tamil Nadu, Rep.by its Inspector of Police, M-5, Ennore Police Station, Chennai - 600 057.

Crime No.145 of 2026.

..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.145 of 2026 on the file of the respondent police. For Petitioner:

Mr.T.Udayakumar For Respondent:

Mr.S.Yogaraja Sekar Counsel for Government of Tamilnadu (Criminal Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 23.03.2026 for the alleged offences under Sections 126(2), 296(b), 309(4), 311 and 351(3) of Bharatiya Nyaya Sanhita, 2023, in Crime No.145 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 23.03.2026, the petitioner along with other accused waylaid the defacto complainant near Kathivakkam High Road, Brindavanam Nagar Junction and demanded money. It is alleged that they robbed a sum of Rs.1,000/- from the pocket of the defacto complainant and fled away from the scene. Hence, the case was registered.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and has not committed any offence as alleged by the prosecution. It is further submitted that the petitioner has been falsely implicated in the case. The learned counsel would also submit that A2 has already been granted bail by this Court in Crl.O.P.No.13019 of 2026 dated 14.05.2026. It is further submitted that the petitioner has been in judicial custody since 23.03.2026. Hence, he prayed for grant of bail to the petitioner.

4. The learned Counsel for Government of Tamilnadu (Criminal Side) appearing for the respondent submitted that the petitioner was already detained under Act 14. However, the learned counsel for the petitioner invited the attention of this Court to the fact that the detention order has subsequently been revoked in G.O.Rt.No.3070 dated 26.05.2026.

5. I have given anxious consideration to the submissions made by the learned counsel on either side.

6. From the submissions of the learned counsel on both sides, this Court is of the view that, taking into consideration the revocation of the Goondas detention order and the long incarceration of the petitioner since 23.03.2026, and the fact that A2 has already been granted bail by this Court in Crl.O.P. No. 13019 of 2026, further custodial interrogation of the petitioner is not required. Accordingly, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions:

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty-Five Thousand only), with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate, Thiruvottiyur, and subject to the following conditions: [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 daily 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 the 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 take appropriate action against the petitioner in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.

05-06-2026 NSL 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 learned Judicial Magistrate, Thiruvottiyur.

2. The Central Prison, Puzhal -II, Chennai.

3. The Inspector of Police, M-5, Ennore Police Station, Chennai - 600 057.

4. The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

NSL 05-06-2026