Suriya @ Power Suriya v. State Rep. By
M. NIRMAL KUMAR , J.
Today, the matter is listed under the caption "For Being Mentioned" at the instance of the learned counsel for petitioner. 2.It is submitted that in the cause title of the order dated 13.06.2025, the Crime Number has been wrongly mentioned as '499 of 2024' instead of '449 of 2024'. Similarly, in the prayer the Crime Number has been wrongly mentioned as '449 of 2025' instead of '449 of 2024' 3.The Registry is directed to carry out the correction and issue fresh copy of the order dated 13.06.2025.
4.The issue is clarified, accordingly.
24.06.2025 rsi 1/8
M. NIRMAL KUMAR , J.
rsi 24.06.2025 2/8
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.06.2025
CORAM
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Suriya @ Power Suriya ... Petitioner Vs.
State rep. by The Inspector of Police, N-4 Fishing Harbour Police Station, Chennai.
(Crime No.499 of 2024) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pending investigation in Crime No.449 of 2025, on the file of the Inspector of Police, N-4 Fishing Harbour Police Station, Chennai.
For Petitioner :
M/s.P.Santhosh For Respondent :
Mr.L.Baskaran Government Advocate (Crl.Side)
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 13.04.2025, for the offence punishable under Sections 8(c) r/w 20(b)(ii)(B), 25, 29(1) of Narcotic Drugs and Psychotropic Substances Act, 1985 in Crime 3/8
No.449 of 2024, registered on the file of the respondent, seeks bail.
2. The case of the prosecution is that the petitioner along with other accused was found in illegal possession of 1.200 kgs of Ganja. Hence, the case.
3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person, he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. The petitioner is in judicial custody from 13.04.2025 and hence, further custody of the petitioner is not required. 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 opposed the grant of bail to the petitioner.
5. Heard both sides and perused the materials available on record. 4/8
6. Considering the facts and circumstances of the case, submissions made by the learned counsels on either side and the period of incarceration undergone by the petitioner, 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 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 learned XVI Metropolitan Magistrate, George Town, Chennai 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 daily at 10.30 a.m. for a period of two weeks; thereafter as and when required for 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 5/8
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 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 ep 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.
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To 1.The XVI Metropolitan Magistrate, George Town, Chennai.
2.The Inspector of Police, N-4 Fishing Harbour Police Station, Chennai.
3.The Central Prison, Puzhal, Chennai.
4.The Public Prosecutor, High Court of Madras.
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M.NIRMAL KUMAR, J.
ep 13.06.2025 8/8