Suresh Kumar v. The State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-06-2025
CORAM
THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR
1. Suresh Kumar
2. Naresh Kumar Petitioners Vs The State rep by The Inspector of Police Perumanallur Police Station, Tiruppur District.
Crime No.285 of 2025.
Respondent PRAYER Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioners pending investigation in Crime No.285 of 2025 on the file of the Respondent police. For Petitioners:
Mr.C. Harish For Respondent:
Mr.A.Gokulakrishnan Additional Public Prosecutor
ORDER
The petitioners, who were arrested and remanded to judicial custody on 05.06.2025, for the offences punishable under Sections 308(3), 127(2), 351(3) of BNS in connection with Crime No.285 of 2025, registered on the file of the respondent, seeks bail.
2.The case of the prosecution is that on 03.06.2025, the petitioners along with other co-accused alleged to have extorted a sum of Rs.2,10,000/- on a blackmail by capturing a nude picture of the defacto complainant along with a lady. Hence, the case.
3.The learned counsel for the petitioners submitted that the petitioners are an innocent persons and they are no way connected with the alleged offence. He submitted that the co-accused have been arrested and also enlarged on bail. He further submitted that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court and he prays for grant of bail to the petitioners.
4. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of bail to the petitioners, reiterated the prosecution case and submitted that in this case totally there are seven accused, petitioners is ranked as A4 and A5. He further submitted that a portion of the money and 2 sovereigns of gold have been recovered from the accused.
5. Heard both sides and perused the materials available on record.
6. Considering the submissions made by the learned counsels on either side and the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions.
7. Accordingly, the petitioners are ordered to be released on bail on their executing a separate 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 Judicial Magistrate, Avinashi, Tiruppur District, 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 petitioners shall report before the respondent Police everyday at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation;
[c] the petitioners shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioners shall not directly or indirectly cause any threat to the de-facto complainant and witnesses; [e] the petitioners 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 petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioners 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.
25-06-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes 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 State rep by The Inspector of Police Perumanallur Police Station, Tiruppur District. Crime No.285 of 2025.
2.The Judicial Magistrate, Avinashi, Tiruppur District 3.The Superintendent, District Sub-jail, Tiruppur.
4.The Public Prosecutor, High Court of Madras.
M.NIRMAL KUMAR J.
gbi CRL OP No. 18232 of 25-06-2025