Suresh v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR Suresh ... Petitioner Vs.

The State represented by The Inspector of Police, Thiruverkadu Police Station, Chennai District.

(Crime No.522 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner/Accused on bail in Crime No.522 of 2025 pending on the file of the respondent Police. For Petitioner :

Mr.S.N.Arunkumar 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 04.08.2025, seeks bail in P.R.C.No.32 of 2025 for the offence punishable under Sections 103(1) of BNS in connection with Crime No.522 of 2025, 1/8

registered on the file of the respondent.

2. This Court earlier dismissed the petitioner's bail petition in Crl.O.P.No.27599 of 2025 on 08.10.2025 on the following reasons: Considering the facts and circumstances of the case, grave nature of offence and taking note of the fact that the investigation of this case is pending, this Court is not inclined to grant bail to the petitioner.

3. The learned counsel for the petitioner submitted that after dismissal of the earlier bail application of the petitioner, this Court had granted bail to the co-accused A3 and A4, investigation in this case also concluded and the same is pending in P.R.C.No.32 of 2025 and hence, there is change in circumstances.

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4. The learned Government Advocate (Crl. Side) submitted that there is specific overt act against the petitioner and also submitted that final report has been filed and the case is pending in P.R.C.No.32 of 2025.

5. Considering the facts and circumstances of the case, submissions made by the learned counsels on either side and long period of incarceration and the petitioner has no previous case, 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.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate Court No.II, Poonamallee 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 3/8

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 Villupuram and report before Judicial Magistrate No.I, Villupuram on all working days at 10.30.a.m., until further orders; [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 4/8

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. 24.11.2025 sma 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. Judicial Magistrate Court No.II, Poonamallee. 2.The Inspector of Police, Thiruverkadu Police Station, Chennai District.

3.The Central Prison, Puzhal.

4.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J.

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24.11.2025 8/8