Suriya v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.11.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.29812 of 2025 Suriya ... Petitioner Vs.

State rep by The Inspector of Police Tiruvallur Taluk Police Station, Tiruvallur District.

... Respondent (Cr.No.251 of 2025) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail concerned in Cr.No.251 of 2025 pending on the file of the respondent. For Petitioner : Mr.J.Yuvaraj For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 06.08.2025, for the alleged offence punishable under Sections 296(b), 115(2), 118(1) and 109 of BNS in Cr.No.251 of 2025 on the file of the respondent police, seeks bail.

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2. The case of the prosecution is that due to previous enmity, the petitioner along with his friends waylaid the defacto complainant and his friends and abused and assaulted the defacto complainant with knife and wooden log and caused severe injuries on his head. Hence, the present case.

3. The learned counsel appearing for the petitioner submitted that the petitioner was arrested on 06.08.2025 and earlier he was detained under Tamil Nadu Act 14 of 1982, subsequently the same was revoked as per the opinion of the Advisory Board. He further submitted that the petitioner was also sustained injuries and prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and reported that the injured was discharged from the hospital and injured had lost his teeth. He further reported the the petitioner is having three previous cases Hence, he opposed for grant of bail to the petitioner.

5. Heard both sides and perused the materials available on record. 2/6

6. Considering the period of incarceration undergone by the petitioner, though it is stated that the petitioner is having three previous cases, considering the facts of the previous cases and also the fact that the injured discharged from the hospital, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

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, for a like sum to the satisfaction of the learned Judicial Magistrate-I, Tiruvallur 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 stay at Salem and report before the Inspector of Police, Hasthampatti Police Station, Salem daily at 10.30 a.m for a period of three weeks and thereafter as and when required for interrogation;

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[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses;

[e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

[f] 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];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 03.11.2025 Vv Note :

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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.

To

1. The Judicial Magistrate-I, Tiruvallur

2. The Inspector of Police Tiruvallur Taluk Police Station, Tiruvallur District.

3. The Inspector of Police Hasthampatti Police Station, Salem

4. The Central Prison-II, Puzhal.

5.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR , J.

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Vv Crl.O.P.No29812 of 2025 03.11.2025 6/6