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Madras High Court
Suriyanathan @ Udhadhusuriya vs State Represented By Its The Inspector ... on 21 May, 2026
CRL OP No. 13394 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-05-2026
CORAM
THE HONOURABLE MR.JUSTICE R.SAKTHIVEL
CRL OP No. 13394 of 2026
Suriyanathan @ Udhadhusuriya
S/o. Ravikumar (Late)
No.2/29, Poompuhar Sandhu,
Rani Anna Nagar, Arumbakkam,
Chennai - 600 106.
Petitioner / Accused
Vs
State Represented by its
The Inspector of Police
K-3, Aminjikarai Police Station,
Chennai.
Crime No.244 of 2026
Respondent / Complainant
PRAYER:- Criminal Original Petition filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita (BNSS), 2023 praying to enlarge the Petitioner on
Bail in Crime No.244 of 2026, on the file of K-3 Aminjikarai Police Station.
For Petitioner: Mr.R.Mukesh Kannah
For Respondent: Mr.V.J.Priyadarsana,
Government Advocate
(Criminal Side)
ORDER
This Criminal Original Petition has been filed by the petitioner on
19.05.2026 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS),
2023 praying to grant bail.
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2. The petitioner / accused was arrested and remanded to judicial custody
on 07.04.2026 for the alleged offences punishable under Sections 126(2),
115(2), 305(a), 309(4), 311 and 351 (3) of Bharatiya Nagarik Suraksha Sanhita
(BNSS), 2023 in Crime No.244 of 2026 on the file of the respondent police.
3. The case of the prosecution is that on 06.04.2026, the petitioner along
with two other accused allegedly trespassed into the house of one Syed Hathi
who is the friend of the de facto complainant and committed theft of 1 ¾
sovereigns of gold chain and cash of Rs.11,000/-. Thereafter the accused
assaulted the defacto complainant and his friend and threatened them with dire
consequences. Hence this case.
4. The learned counsel for the petitioner, submits that the petitioner is an
innocent person and he has not committed any offence as alleged by the
prosecution. He further submits that the petitioner has been in judicial custody
since 07.04.2026. He further submits that the petitioner is ready to abide by any
stringent conditions that may be imposed by this Court. He therefore prays to
grant bail to the petitioner.
5. Per contra, Mr.V.J.Priyadarsana, learned Government Advocate
(Criminal Side) appearing for the respondent police, submits that the
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petitioner/accused trespassed into the house of the de facto complainant’s friend
and committed theft of 1 ¾ sovereigns of gold chain and cash of Rs.11,000/-.
The petitioner has also robbed ATM card and assaulted the de facto complainant
and his friend. The gold chain and ATM card were recovered from the accused.
He further submits that the petitioner has seven previous cases, however no case
similar in nature is pending against him. The learned Government Advocate
(Criminal Side) contends that if the petitioner is released on bail, there is a
chance to once again commit the same offence. Accordingly, he prays for the
dismissal of this petition.
6. Heard on both sides. This Court has perused the records.
7. The petitioner was arrested on 07.04.2026 and they are in incarceration
since 07.04.2026. Considering the facts and circumstances of the case and also
taking into account the fact that the petitioner has no previous case similar in
nature, this Court is inclined to grant bail to the petitioner, however, subject to
certain conditions. Accordingly, bail is granted to the petitioner subject to the
following conditions:
(i) The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty
Five Thousand only) along with two sureties each for a like sum of Rs.25,000/-
(Rupees Twenty Five Thousand Only) to the satisfaction of the V Metropolitan
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Magistrate, Egmore.
(ii) The sureties shall affix their photographs and left thumb impression in
the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal
Rules of Practice, 2019]. The V Metropolitan Magistrate, Egmore, shall obtain a
copy of any one of their identity proof to ensure their identity.
(iii) The petitioner shall sign before the respondent Police daily at
10.00 a.m, until further orders.
(iv) The petitioner shall furnish his residence address and mobile number
to the V Metropolitan Magistrate, Egmore.
(v) The petitioner shall not, directly or indirectly, cause any threat to the
defacto complainant and witnesses and shall not tamper the evidence.
(vi) On breach of any of the aforementioned conditions, the V
Metropolitan Magistrate, Egmore is entitled to pass appropriate orders against
the petitioner in accordance with law as if the aforementioned conditions are
imposed by them as laid down by the Hon'ble Supreme Court in P.K. Shaji vs.
State of Kerala [(2005) 13 SCC 283].
8. Accordingly, this Criminal Original Petition is allowed subject to the
conditions stated supra.
21-05-2026
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https://www.mhc.tn.gov.in/judis
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.
To
1.The V Metropolitan Magistrate, Egmore.
2. The Superintendent of Prison,
Central Prison, Puzhal II, Chennai.
3. The Inspector of Police
K-3, Aminjikarai Police Station,
Chennai.
4. The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
R.SAKTHIVEL J.
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21-05-2026
https://www.mhc.tn.gov.in/judis
