S.Radhakrishnan v. State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17-01-2025
CORAM
THE HONOURABLE MR JUSTICE G.R.SWAMINATHAN CRL OP NO. 1229 of 2025 S.Radhakrishnan ... Petitioner(s) Vs State of Tamil Nadu, Rep.By The Inspector Of Police, Coimbatore City Police Station, TIW West, Coimbatore.
(CCB Cr.No.43 Of 2023) ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., pleased to enlarge the petitioner on bail, in Crime No.43 of 2023 on the file of the respondent Police.
For Petitioner : Mr.GK Muthukumaar For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) 1/7
O R D E R
Heard the learned counsel on either side.
2. The petitioner stands accused in Crime No. 43 of 2023 on the file of respondent police for the offences under Sec.281, 110 and 324(4) of The Bharatiya Nyaya Sanhita (BNS), 2023, Sec. 9(B)(1) of the Indian Explosive Act, 1884, Sec. 23 of the Petroleum Act, 1934, Sec. 8 and 15(1) of the Environment Protection Act, 1986 and Sec. 184 and 190 of the Motor Vehicles Act, 1988. He was arrested on 03.01.2025. The only allegation against him is that he has driven the LPG tanker lorry negligently, that he had caused accident and lead to leakage of LPG gas.
3. Taking into account the over all facts and circumstances, I am of the view that though the allegation is grave in nature, the petitioner's continuity of incarceration will not serve any purpose. Hence, this Court is inclined to grant bail to the petitioner, subject to the following conditions:- (a) Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees 2/7
Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.8, Coimbatore and on further conditions that:- [b] the sureties shall affix their photographs and left thumb impression in the surety bond and the learned trial judge may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity; (c) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.
[d] the petitioner shall not commit any offences of similar nature.
[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 Judicial 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 3/7
Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
17.01.2025 rpp To 1.The Judicial Magistrate No.8, Coimbatore.
2.The Inspector of Police, Coimbatore City Police Station, TIW West, Coimbatore Dt.
3.The Superintendent, Central Prison, Coimbatore.
4.The Public Prosecutor, High Court of Madras.
4/7
G.R.SWAMINATHAN, J.
rpp 17.01.2025 5/7
CRL OP NO. 1229 of 2025 G.R.SWAMINATHAN, J.
This Criminal Original Petition has been listed today "For Being Mentioned".
2. It is submitted by the learned counsel for the petitioner that in the cause title, prayer portion and in Paragraph No.2 of the order, Crime Number has been mentioned as Cr.No.43 of 2023 instead of Crime No.6 of 2025 and the same needs to be corrected.
3. The submission of the learned counsel is recorded. Accordingly, the Registry is directed to correct the Crime Number as Crime No.6 of 2025 in the cause title, prayer portion and in paragraph 2 of the order and issue fresh order copy to the parties immediately.
20.01.2025 KST 6/7
G.R.SWAMINATHAN, J.
KST 20.01.2025 7/7