Udhaya @ Udhayakumar v. State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18-09-2025
CORAM
THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.25681 of 2025
1. Udhaya @ Udhayakumar
2. Suraiventhan ... Petitioners/ A2 & A3 Vs The State rep. by, The Inspector of Police, Minjur Police Station, Tiruvallur.
(Crime No.548 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioners/accused in Crime No.548 of 2025 on the file of the respondent police. For Petitioner(s) :
Mr. S. Raj For Respondent(s) :
Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6
ORDER
The petitioners, who were arrested and remanded to judicial custody on 20.08.2025, for the offences punishable under Sections 310(4) of BNS in Crime No.548 of 2025, registered on the file respondent police, seek bail.
2.
The case of the prosecution is that based on a secret information, the respondent police went to the spot and found that the petitioner along with other accused were in possession of weapons and planning for committing dacoity. Hence, this case. 3.
The learned counsel appearing for the petitioners submitted that a false case was lodged against the petitioners by the respondent police for statistical purpose and the petitioners were under judicial custody from 20.08.2025 and they are ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioners. 4.
The learned Government Advocate (Criminal Side) appearing 2/6
for the respondent while opposing the bail to the petitioners, reiterated the prosecution case and on instruction submitted that the petitioners have previous antecedents; and that the investigation is pending. 5.
Considering the facts and circumstances of the case, the nature of offence and the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions. 6.
Accordingly, the petitioners are ordered to be released on bail on their 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 learned Judicial Magistrate No.I, Poonamallee, 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; [b] the petitioners shall report before the respondent police daily at 10.30a.m., until further orders; 3/6
[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 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 abscond, a fresh FIR can be registered under Section 269 of B.N.S.
18.09.2025 stn 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 Judicial Magistrate No.I, Poonamallee, Chennai.
2. The Inspector of Police, Minjur Police Station, Tiruvallur.
(Crime No.548 of 2025)
3. The Superintendent, Central Prison, Puzhal-II.
4. The Public Prosecutor, High Court of Madras.
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K. RAJASEKAR, J.
stn Crl.O.P. No.25681 of 2025 18.09.2025 6/6