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Madras High CourtCRL OP/23883/2025granted

Surya @ Manda Surya v. State Reb By, Inspector Of Police,

2025-08-29Honourable Mr Justice N. Sathish Kumar7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2025

CORAM

THE HON'BLE MR JUSTICE N.SATHISH KUMAR Crl.O.P.No.23883 of 2025 Surya @ Manda Surya ... Petitioner Vs.

The State represented by its The Inspector of Police, T15, Kannagi Nagar Police Station, Chennai.

(Crime No.284 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in respect in Crime No.284 of 2025 on the file of the Inspector of Police, T-15, Kannagi Nagar Police Station, where investigation pending.

For Petitioner :

Mr.C.Raja For Respondent :

Mr.L.Baskaran Government Advocate (Criminal Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 24.07.2025, for the alleged offence under Sections 126 (2), 296 (b), 115 (2), 309 (4), 311 and 351 (3) of BNS in Crime No.284 of 2025, registered on the file of the respondent, seeks bail.

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2.The case of the prosecution is that the petitioner waylaid the defactocomplainant and demanded money to consume liquor. When the defactocomplainant refused, the petitioner abused him in filthy language and robbed him of a sum of Rs.500/- at knife point. Hence, the case. 3.The learned counsel for the petitioner submits that the petitioner is an innocent person and has been falsely implicated in this case. He further submits that the petitioner is in judicial custody from 24.07.2025 and hence, further custody of the petitioner is not required. Hence, prayed for grant of bail to the petitioner.

4.The learned Government Advocate (Criminal side) appearing for the respondent Police reiterated the prosecution case and opposed for grant of bail to the petitioner.

5.Heard the learned counsels on either side and perused the records. 2/7

6.Considering the facts and circumstances of the case, the 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. 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, each for a like sum to the satisfaction of the District Cum Judicial Magistrate Court, Sholinganallur, 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 report before the respondent Police daily at 10.30 a.m. until further orders; [c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance 3/7

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];

[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 29.08.2025 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. 4/7

To 1.The District cum Judicial Magistrate, Sholinganallur. 2.The Inspector of Police, T15, Kannagi Nagar Police Station, Chennai.

3. The Superintendent, Central Prison, Puzhal II, Chennai.

4. The Public Prosecutor, High Court of Madras.

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N.SATHISH KUMAR , J.

ep Crl.O.P.No.23883 of 2025 6/7

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