Madras High CourtCRL OP/22784/2025allowed

Murali v. The State Rep. By

2025-08-18Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-08-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR

1. Murali S/o.Asaithambi, No.76, TMN Kovil Street, Arakkonam Taluk, Vellore - 631 151.

Petitioner(s) Vs

1. The State Rep. By Inspector of Police, K7 ICF Police Station, Chennai. Crime No.436 of Respondent(s) PRAYER : Petition filed under Section 528 of BNSS, to set aside order rejecting the surety dated 11.07.2025 made in Crl.M.P.No.6029 of 2025 in S.C.No.28 of 2017 on the file of the Honble VI Additional District Sessions Judge, Chennai and permit the petitioner to furnish the sureties on execution of bond without insisting for property worth about Rs.10,000/- by allowing this Petition and thus render justice.

For Petitioner(s):

R.Prabakar P.Marudhupandiyan

S.Selvi S.Senthil Kumar S.Ranjithkumaran M.Saradadevi For Respondent(s):

Mr.R.Vinoth Raja, Govt. Advocate (Crl.Side)

ORDER

This Petition has been filed to set aside order rejecting the surety dated 11.07.2025 made in Crl.M.P.No.6029 of 2025 in S.C.No.28 of 2017 on the file of the Honble VI Additional District Sessions Judge, Chennai and permit the petitioner to furnish the sureties on execution of bond without insisting for property worth about Rs.10,000/- by allowing this Petition.

2. The impugned order has been passed by the Trial Court rejecting the surety on the ground that the petitioner has not produced sufficient documents to prove that he holds the property to the worth of Rs.10,000/-. According to the petitioner, the sureties are none other than his wife and mother.

3. The accused was taken into custody on execution of Non-Bailable Warrant issued by VI Additional City Civil Court, Chennai. Admittedly, he is in

custody for more than six months. The petitioners mother and wife stood as a surety along with necessary documents. Without considering these aspects, the Trial Court has rejected the Petition filed by the petitioner. In such view of the matter, the order of the Trial Court is rejected and the Trial Court shall accept the residential proof of the mother and wife of the accused and enlarge the accused on bail with usual conditions.

4. Accordingly, this Criminal Original Petition is allowed. 18-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes gsk

To 1.The State Rep. By Inspector of Police, K7 ICF Police Station, Chennai. Crime No.436 of

N.SATHISH KUMAR J.

gsk CRL OP No. 22784 of 18-08-2025