Surya v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.08.2025

CORAM

THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Surya ... Petitioner Vs.

State Rep.by The Inspector of Police, Tiruchengode Rural Police Station, Namakkal District.

(Crime No.174 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.174 of 2025 on the file of the respondent police. For Petitioner :

Mr.T.Dhasarathan For Intervenor : Mr.M.Dinesh & L.Meenakshi 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 30.06.2025, for the offence punishable under Sections 324(3), 118(1), 1/6

351(2) & 303(2) of BNS, 2023 @ 118(1) and 351(2) of BNS, 2023, (U/s.324 & 506(1) of IPC) in Crime No.174 of 2025, registered on the file of the respondent, seeks bail.

2. The case of the prosecution is that the petitioner has brutally attacked the defacto complainant, who is none other than his own lawyer. Hence, the present complaint.

3. The learned counsel appearing for the petitioner submitted that the investigation has been completed and the final report has been filed. 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. The learned counsel appearing for the defacto complainant/Intervenor submitted that the petitioner is a history-sheeter having six previous cases of grave nature and he had brutally attacked the defacto complainant. The injured was treated as an in-patient for more than 20 days and got discharged. Hence, he opposed the grant of bail to the petitioner.

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5. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and opposed for the grant of bail to the petitioner.

6. Heard both sides and perused the materials available on record.

7. On perusing the First Information Report and the antecedents of the accused and since the final report has been filed, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

8. 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 Judicial Magistrate, Tiruchengode, Namakkal District and on further conditions that:

[a] If the petitioner indulges in any act of threatening the witnesses or tampering with the evidence, the bail granted to him shall stand cancelled; [b] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship 3/6

[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;

[c] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

[d] 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];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

20.08.2025 rpl 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 4/6

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 Judicial Magistrate, Tiruchengode, Namakkal District. 2.The Inspector of Police, Tiruchengode Rural Police Station, Namakkal District.

3.Central Prison, Salem.

4.The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN, J.

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