Surya @ Chinna Surya v. The State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11-12-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO.33983 of 2025 Surya @ Chinna Surya Petitioner Vs The State Represented by The Inspector of Police, T-4, Madhuravoyal Police Station, Chennai - 600 095.
Crime No.725 of 2025.
Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner pending investigation in Crime No.725 of 2025 on the file of the respondent police.
For Petitioner:
Mr.P.Krishnamoorthy For Respondent:
Mr.A.Gopinath Government Advocate (Crl.side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 27.10.2025 for the alleged offence punishable under Sections 191(2), 191(3), 296(b), 125, 109, 351(3) of BNS r/w 3(a) Explosive Substance Act, in Crime No.725 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 26.10.2025 the defacto complainant was in a tea shop at Madhuravoyal lake side, the accused called the defacto complainant for compromise to resolve the previous enmity, accordingly when the defacto complainant went near GR mobile shop at Alapakkam, where all the accused surrounded the defacto complainant and assaulted him with knife and also threw country made bomb, the defacto complainant sustained serious injuries his both hands got almost severed and had plastic surgeries, subsequently the defacto complainant feeling vulnerable. Hence, this case.
3. Earlier this Court dismissed the bail petition in Crl.OP.No.31068 of 2025 dated 13.11.2025 on the ground that the petitioner is having previous cases.
4. Learned counsel appearing for the petitioner submitted that the co-accused was released on bail by this Court in Crl.OP.No.31730 of 2025 and that the petitioner is in judicial custody since 27.10.2025. Hence, he prayed to grant bail to the petitioner.
5. Considering the fact that the petitioner is in judicial custody from 27.10.2025, though two previous cases have been cited against him and taking into account that the similarly placed co-accused was released on bail, 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 No.II, Poonamallee Court, and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
[b] the petitioner shall report before the
respondent police daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation.
[c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 5560]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
11.12.2025 drl
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 Judicial Magistrate No.II, Poonamallee Court.
2.The Inspector of Police, T-4, Madhuravoyal Police Station, Chennai - 600 095.
3.The Superintendent, Central Prison, Jail-Puzhal.
4.The Public Prosecutor, High Court, Madras.
K.RAJASEKAR, J., drl CRL OP NO.33983 of 2025 11.12.2025