Surya v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.11.2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Surya Petitioner/A1 Vs The State Rep by, The Inspector of Police, Palladam Police Station, Tiruppur, Crime No. 677 of 2022.

Respondent PRAYER Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioner on bail pending trial in C.C.No. 22 of 2023 before the Judicial Magistrate Court , Palladam.

For Petitioner/A1:

Mr.P.Thinesh For Respondent :

Mr. A. Gopinath Government Advocate (Crl. Side)

ORDER

The allegation against the petitioner is that he had involved for the offence under Section 392 of IPC, he was arrested and released on bail. Subsequently, he was regularly appeared before the Trial Court and thereafter, he has not appeared before the Trial Court due to ill-health of the petitioner. Since the petitioner did not appear before the Trial Court on 08.07.2025, NBW was executed on 11.10.2025.

2.The learned counsel appearing for the petitioner submitted that the petitioner was unable to appear before the Trial Court on particular date i.e., on 08.07.2025 due to ill-health of the petitioner. Hence, NBW was issued and it was executed on 11.10.2025. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner.

3.The learned Government Advocate (Crl.side) appearing for the respondent while opposing the bail to the petitioner, reiterated the prosecution case and submitted that three previous cases are pending against the petitioner similar in nature.

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

5. Considering the fact that the petitioner has appeared before the Trial Court regularly and warrant was issued on 08.07.2025 and the same was executed on 11.10.2025, this Court is inclined to grant bail to the petitioner with certain conditions.

6.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate, Palladam 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 appear before the learned Judicial Magistrate, Palladam, at 10.30 a.m., for a period of three weeks.

[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 absconds, a fresh FIR can be registered under Section 269 of B.N.S.

18-11-2025 MSM Index:Yes/No Speaking/Non-speaking order Internet:Yes

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.

To 1.The State Rep by, The Inspector of Police, Palladam Police Station, Tiruppur, Crime No. 677 of 2022.

2.The Judicial Magistrate, Palladam.

3.The District Prison, Tiruppur.

4.The Public Prosecutor High Court of Madras.

K.RAJASEKAR J.

MSM CRL OP No. 31472 of 18.11.2025