Banu v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.01.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Banu D/o. Ellappan ... Petitioner Vs.

The State represented by The Inspector of Police, N3 Muthialpet Police Station, Chennai.

(Crime No.259 of 2023) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., prayed to enlarge the petitioner on bail in Crime No.259 of 2023 on the file of the respondent.

For Petitioner : Mr.G.Ezhilbalaji For Respondent : Mr. L. Baskaran Government Advocate (Crl. Side) 1/4

ORDER

The petitioner, who was arrested and remanded to judicial custody on 23.12.2023 for the offences punishable under Section 273 and 328 of IPC and Section 6 r/w Section 24(1) of Cigarette and Other Tobacco Products Act, 2003 in Crime No.259 of 2023 on the file of the respondent police, seeks bail.

2.It is stated that the petitioner was found in possession of 300 packets of 10 grams of Maava Powder, which had been seized. It is also stated that there are three previous cases against the petitioner. 3.Taking all the factors into consideration and the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, but however, directing the petitioner to deposit an amount of Rs.10,000/- (Rupees Ten Thousand only) as non refundable deposit to the credit of Crime No.259 of 2023 before the learned XVI Metropolitan Magistrate, George Town, Chennai. The said amount may be handed over by the leanred Metropolitan Magistrate, George Town, Chennai, to the Dean, Stanley Medical College and Hospital, Chennai, for treating the needy patients.

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4. 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 XVI Metropolitan Magistrate, George Town, 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 appear before the respondent police daily at 10.30 a.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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C.V.KARTHIKEYAN, J.

smv [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

12.01.2024 smv To 1.The XVI Metropolitan Magistrate, George Town, Chennai. 2.The Inspector of Police, N3 Muthialpet Police Station, Chennai - 1.

3. The Central Prison, Puzhal, Chennai

4. The Public Prosecutor, High Court of Madras.

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