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Madras High CourtCRL OP/35501/2025granted

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

2025-12-26Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.12.2025

CORAM

THE HON'BLE MR. JUSTICE P.DHANABAL Dhanasekar Surya ... Petitioner/A1 Vs.

The State rep. by its The Sub-Inspector of Police, Thiruvannamalai Town Police Station, Thiruvannamalai District.

(Crime No.392 of 2025).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, 2023 to enlarge the petitioner on bail in connection with Crime No.392 of 2025 on the file of the respondent police.

For Petitioner : Mr.A.Saranraj For Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 17.11.2025 for the alleged offences punishable under Section 310(4) of BNS in Crime No.392 of 2025, on the file of the respondent police, seeks bail. 1/6

2. The case of the prosecution is that when the respondent police were on regular patrol duty, they found the petitioner joined hands with other accused involved in committing decoity. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the co-accused has been already granted anticipatory bail. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted in this case there are totally 5 accused, the petitioner is arrayed as A1. He further submitted that there are 11 previous cases pending against the petitioner. Hence, he opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record including the First Information Report.

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6. Considering the nature of offence and the period of incarceration undergone by the petitioner and the fact that co-accused has been already granted anticipatory bail and though the petitioner had 11 previous cases, all the cases were disposed of, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

[a] Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate No.I, Thiruvannamalai, and on further conditions that:- [b] the petitioner shall report before the respondent police on everyday at 10.30.a.m., until further orders; [c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

[d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer 3/6

or tamper with the evidence;

[f] On breach of any of the aforesaid conditions, the learned Judicial 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

26.12.2025 rsi/dna 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.The Judicial Magistrate No.I, Thiruvannamalai.

2.The Sub-Inspector of Police, Thiruvannamalai Town Police Station, Thiruvannamalai District.

3.The Superintendent, Thiruvannamalai Sub Jail, Thiruvannamalai.

4.The Public Prosecutor, High Court of Madras.

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P.DHANABAL, J.

rsi 26.12.2025 6/6