Suriya v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/02/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY
1. Suriya, S/o.Paramasivam, No.1/55, Nadu Theru, Senthurai, Ariyalur District..
2. Habib Muhammed, S/o.Nousath Ali, West Kotha Street, Nachiyarkovil, Kumbakonam Taluk, Thanjavur District..
... Petitioners/Accused Vs The State of Tamilnadu,Rep By, The Inspector of Police, Kumbakonam West Police Station, Thanjavur District.
Cr.No.68 of 2026..
... Respondent/Complainant For Petitioner : Mr.K. M.Karunakaran, Advocate.
For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor 1/7
PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- C-38B. For Bail in Cr.No.68 of 2026 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 28.01.2026 for the offences punishable under Sections 137(2) and 140(2) of BNS, 2023, in Crime No.68 of 2026 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that due to business dispute, the petitioners abducted the son of the defacto complainant in a hotel room and demanded a sum of Rs.1,50,000/- and also threatened him with dire consequences. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent 2/7
person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 28.01.2026.
Hence, he seeks bail to the petitioner.
4. The learned Additional Public Prosecutor submitted that the petitioner has one previous cases, which is not similar in nature and registered under Section 420 of IPC. However, he opposed for grant of bail to the petitioner.
5. Taking into consideration of the facts and circumstances of the case and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:
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6. Accordingly, the petitioner is ordered to be released on bail on 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 learned Judicial Magistrate, Kumbakonam, and on further conditions that :- [a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;
[b] The petitioner shall report before the concerned trial Court daily Morning at 10.30 a.m., and report before the respondent police Evening at 05.30 p.m., until further orders;
[c] the petitioner shall not tamper with the evidence or witness either during investigation or trial;
[d] the petitioner shall not 4/7
abscond 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 is 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 BNS.
(S S Y J) 23.02.2026 vsg 5/7
TO 1.The Judicial Magistrate, Kumbakonam.
2.The Officer-in-Charge, Sub Jail, Thanjavur.
3.The Inspector of Police, Kumbakonam West Police Station, Thanjavur District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY,J., vsg
ORDER
IN CRL OP(MD) No.3783 of 2026 Date : 23/02/2026 7/7