Rahul @ Pallu Rahul v. Home, Prohibition And Excise Department

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.01.2025

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Rahul @ Pallu Rahul ... Petitioner Vs.

State Rep. by its The Sub Inspector of Police, N2 Kasimedu Police Station, Chennai.

(Crime No.322 of 2024) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the above Crime No.322 of 2024 on the file of the respondent Police. For Petitioner :

Mr.G.Ezhilbalaji For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

Petition seeking bail in respect of Crime No.322 of 2024 registered for the offences punishable under Sections 399 & 402 IPC, is on board for consideration.

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2.The incarceration of the petitioner being from 11.12.2024 pleading innocence on the part of the petitioner and false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He also submits that the petitioner is only 23 years and is no way connected with the alleged offences and he is ready to abide by any stringent condition that may be imposed by this court. 3.The case of the prosecution, as putforth by the learned Additional Public Prosecutor appearing for the respondent police, opposing for grant of bail, is that the petitioner along with other accused formed an unlawful assembly and attempted to commit dacoity.

He would submit that the petitioner has got six previous cases, therefore, if the petitioner is released on bail, there is a possibility of him absconding and not available for further investigation. 4.Having heard the learned counsel for the petitioner and the learned Government Advocate (Crl.

bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, of which one shall be either father or mother of the petitioner, each for a like sum to the satisfaction of the learned XV Metropolitan Magistrate, GT, Chennai, 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;

[b] the petitioner shall report before the respondent Police, everyday at 06.30 p.m., until further orders;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness 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 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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A.D.JAGADISH CHANDIRA, J.

Anu [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 07.01.2025 Anu To 1.The XV Metropolitan Magistrate, GT, Chennai 2.The Sub Inspector of Police, N2 Kasimedu Police Station, Chennai.

3.The Superintendent, Central Prison, Puzhal, Chennai.

4.The Public Prosecutor, High Court of Madras.

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