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Madras High CourtCRL OP(MD)/14927/2025granted

Suresh v. The State Of Tamilnadu, Through, The Inspector Of Police,

2025-09-11Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Suresh ... Petitioner/ Accused No.74 Vs The State of Tamilnadu, Rep by the Inspector of Police, CBI/SCB Chennai Police Station, Chennai.

(In R.C.No.6/S/2018/CBI/SCB) ... Respondent/Complainant For Petitioner : Mr.K.Muthuvai Ilayaraja For Respondent : Mr.N.Mohideen Basha PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in R.C.No.6/S/2018/CBI/SCB on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 19.08.2025 for the offences punishable under Sections 143, 147, 148, 149, 152, 323, 324, 332, 341, 353, 427, 435, 436, 447, 506(ii) and 34 of IPC and Sections 3 and 4 of Tamil Nadu Open Places (Prevention of Disfigurement) Act in R.C.No.6/S/2018/CBI/SCB on the file of the respondent police seeks bail.

2. The case of the prosecution that on 22.05.2018, during the anti-Sterlite protest, the accused, along with others, violated prohibitory orders, formed an unlawful assembly, and rioted. They attacked police personnel on duty near VVD Signal and FCI Roundana with wooden logs and stones, causing injuries. Hence, the complaint.

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 in judicial custody from 19.08.2025. Hence, he seeks bail to the petitioner. 2/6

4. The learned Additional Public Prosecutor submitted that during the antisterlite protest, the accused and others violated prohibitory orders, rioted, and attacked police personnel, causing injuries. Therefore, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also consideration 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 Chief Judicial Magistrate, Madurai, and on further conditions that :- [a] out of two sureties, one surety shall be the local surety and another one shall be the blood surety and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;

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[b] the petitioner shall report before the concerned Judicial Magistrate Court once in a week at 10.30 a.m., until further orders. The petitioner shall attend all the hearings before the trial Court without fail. [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]. 4/6

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

sd/- 11/09/2025 / TRUE COPY / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

jbr To

1. The Chief Judicial Magistrate, Madurai.

2. The Superintendent, Central Prison Madurai.

3. The Inspector of Police, CBI/SCB Chennai Police Station, Chennai.

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

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ORDER

IN CRL OP(MD) No.14927 of 2025 Date :11/09/2025 AS/11.09.2025/6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6