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Madras High CourtCRL OP(MD)/16855/2025allowed

Surya v. The State Of Tamilnadu, Rep.By,

2025-10-03Honourable Mr.Justice M.Jothiraman6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03.10.2025 PRESENT THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN CRL OP(MD)No.16855 of 2025 Suriya ... Petitioner Vs The State Represented by, The Inspector of Police, Kumbakonam East Police Station, Thanjavur District.

(Crime No.410 of 2025) ... Respondent For Petitioner : Mr.S.Gurumoorthy For Respondent : Mr.A.Thiruvadikumar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER:- For Bail in Crime No.410 of 2025 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 23.09.2025 for the offences punishable under Sections 126(2), 296(b), 351(3) of BNS, 2023 r/w under Section 27(2) of Arms Act, in Crime No. 410 of 2025 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 23.09.2025, at about 06.00 p.m., the petitioner created problem near Darasuram Toll Gate in Kumbakonam, by showing large sword, thereby, threatened the public at large and prevented free flow of traffic. 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 23.09.2025. Hence, he seeks bail to the petitioner. 4.The learned Additional Public Prosecutor submitted that on 23.09.2025, at about 06.00 p.m., the petitioner created problem near 2/6

Darasuram Toll Gate in Kumbakonam, by showing large sword, thereby, threatened the public at large and prevented free flow of traffic. He further submitted that there are two previous cases pending against the petitioner. Hence, 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:

6.Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Kumbakonam, and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

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[b] the petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate No.I, Kumbakonam.

[c] If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate No.I, Kumbakonam.

[d] the petitioner shall appear before the respondent police twice in a week ie., on Every Monday and Friday at 10.30 a.m.. until further orders. He has to co-operate for the investigation.

[e] the petitioner shall not abscond either during investigation or trial.

[f] the petitioner shall not tamper with evidence or witness either during investigation or trial. [g] 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 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 4/6

of Kerala [(2005)AIR SCW 5560].

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

(M J R J) 03.10.2025 vsg/rmk To

1. The Judicial Magistrate No.I, Kumbakonam,.

2. The Officer-in-charge, Kumbakonam Sub Jail, Kumbakonam.

3. The Inspector of Police, Kumbakonam East Police Station, Thanjavur District.

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

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M.JOTHIRAMAN ,J.

vsg/rmk 03.10.2025 6/6