Balamurugan @ Suppi Bala v. State Rep By, Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.09.2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Crl.O.P.No.25525 of 2025

1. Balamurugan @ Suppi Bala 2.Ramesh Kumar ... Petitioners Vs.

State Rep by The Inspector of Police D3 Ice House Police Station Chennai Crime No.329 of 2018.

... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in S.C.No.577 of 2023 on the file of XVII Additional Sessions Judge, Chennai.

For Petitioners : M/s.V. Karthick For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

The petitioners, who were arrested and remanded to judicial custody on 09.07.2025, for the offence punishable under Sections 147, 148, 120(B), 341, 302 r/w 149 of IPC, 1860 in S.C.No.577 of 2023 on the file of XVII 1/6

Additional Sessions Judge, Chennai, seeks bail.

2. The case of the prosecution is that due to non-appearance before the Trial Court on 09.06.2025, NBW was issued against the petitioners on 09.06.2025 and the same was executed on 09.07.2025. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He also submitted that the petitioners are in no way connected with the alleged offence, however, they are suffering incarceration from 09.07.2025. He further submitted that the petitioners are ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioners.

4. Learned Government Advocate (Crl.side) appearing for the respondent police, reiterated the prosecution case and submitted that NBW was issued against the petitioners on 09.06.2025 and the same was executed on 09.07.2025. Now, the case is pending in S.C.No.577 of 2023 and no previous case is pending against this petitioners. However, he opposed to grant bail to the petitioners.

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

6. The petitioners herein are originally arrested and released on bail in this case and subsequently, after committal of the case, they have not appeared before the Trial Court. Hence, NBW was issued against the petitioners on 09.06.2025 and the same was executed on 09.07.2025.

7. Considering the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side, considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

8. Accordingly, the petitioners are ordered to be released on bail on their executing a separate 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 learned XVII Additional Sessions Judge, 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;

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[b] the petitioners shall report before the Trial Court daily at 10.30a.m., for a period of 15 days and shall also appear on all hearing dates without fail. [c] 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];

[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 17.09.2025 nr 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 learned XVII Additional Sessions Judge, Chennai.

2. The Inspector of Police D3 Ice House Police Station Chennai

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

4. The Public Prosecutor High Court, Madras.

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K.RAJASEKAR , J.

nr Crl.O.P.No.25525 of 2025 17.09.2025 6/6