Suryan @ Surya v. The State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-12-2025
CORAM
THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.33737 of 2025 Suryan @ Surya ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, PEW Kondalampatty Police Station, Salem District.
(Crime No.92 of 2013) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in S.C.No.59 of 2016 pending trial on the file of the learned Principal Assistant Sessions Judge, Salem.
For Petitioner(s) :
Mr. V. Sakkarapani For Respondent(s) :
Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/4
ORDER
The petitioner, who was arrested and remanded to judicial custody on 12.10.2025 based on execution of NBW dated 23.02.2017 in S.C.No.59 of 2016 pending trial on the file of the learned Principal Assistant Sessions Judge, Salem for the offences under Sections 4(1)(aaa), 4(1-A) of TNP Act, seeks bail.
2.
The learned counsel appearing for the petitioner submitted that originally the petitioner was earlier arrested and released on bail and was regularly appearing before the Trial Court for the case in S.C.No.59 of 2016 and due to his ill health, the petitioner was unable to appear before the Trial Court on 23.02.2017, hence a NBW was issued as against the petitioner and subsequently, he was arrested on 12.109.2025. He further submitted that the petitioner has no previous antecedents and he 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 (Criminal Side) appearing for the respondent while opposing the bail to the petitioner submitted that since the petitioner failed to appear before the Trial Court on hearing, a NBW was issued and subsequently, he was arrested. He also submitted that 2/4
the petitioner was absconding for long period and due to non co-operation of the accused, the Investigation Officer is not yet examined in this case; that the accused had filed petition to recall the witnesses P.W.1 to P.W.4, which was allowed and the case is now at the stage of summon to P.W.1 to P.W.4.
4.
Considering the submissions made, facts and circumstances of the case and taking note of the fact that the petitioner herein had absconded for a longer period and the trial is now at the stage of summons to P.W.1 to P.W.4 and if the petitioner is enlarged on bail, there is a possibility of hampering of trial process, hence this Court is not inclined to grant bail to the petitioner at this stage.
5.
Accordingly, this criminal original petition stands dismissed. 10.12.2025 stn K. RAJASEKAR, J.
3/4
stn To
1. The Principal Assistant Sessions Judge, Salem.
2. The Inspector of Police, PEW Kondalampatty Police Station, Salem District.
(Crime No.92 of 2013)
3. The Public Prosecutor, High Court of Madras.
CRL OP NO.33737 of 2025 10.12.2025 4/4