Suresh v. State Of Tamilnadu Rep By Inspector Of Police, Kallakudi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07.05.2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.9202 of 2026 Suresh ... Petitioner/Accused Rank not known Vs The State of Tamilnadu, Rep., by the Inspector of Police, Kallakudi Police Station, Trichy District.

(Crime No.53 of 2026) ... Respondent/Complainant For Petitioner : Mr.K.Yasar Arafath For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.53 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 04.04.2026 for the offences punishable under Sections 296(b), 109 of BNS, 1/6

subsequently, the Sections were altered as under Sections 191(2), 191(3), 296(b), 140(1) and 109 of BNS, in Crime No.53 of 2026, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 01.04.2026, the accused persons allegedly took the defacto complainant's son on a two-wheeler, after which he went missing. When the defacto complainant searched for her son, she was unable to trace his whereabouts. Subsequently, the defacto complainant's son was found admitted in a hospital with injuries on his head and other parts of the body. Hence, the complaint was lodged.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks bail to the petitioner.

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4. The learned Additional Public Prosecutor submitted that the injured person was discharged from the hospital and the allegation against the petitioner is that he accompanied the accused persons at the time of occurrence. The petitioner has no previous case.

5. Taking into consideration of the facts and circumstances of the case and considering the nature of offence 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:

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, Lalgudi, Trichy District and on further conditions that :- 3/6

[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 respondent police daily at 10.30 a.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 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].

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

07.05.2026 Rmk TO 1.The Judicial Magistrate, Lalgudi, Trichy District. 2.The Superintendent, Central Prison, Trichy. 3.The Inspector of Police, Kallakudi Police Station, Trichy District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY,J Rmk

ORDER

IN CRL OP(MD) No.9202 of 2026 Date : 07.05.2026 6/6