Mohanraj v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.01.2025

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Mohanraj ... Petitioner Vs.

The State represented by, The Inspector of Police, Attur Rural Police Station, Salem District.

(Crime No.02 of 2025).

... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail, in connection with Crime No.02 of 2025, pending investigation on the file of the respondent Police.

For Petitioner :

Mr.M.Sivakumar For Respondent :

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

O R D E R

Petition seeking bail in respect of Crime No.02 of 2025 registered for the offences punishable under Section 3(1) of TNPPDL is on board for consideration.

2. The incarceration of the petitioner being from 02.01.2025 pleading 1/5

innocence on the part of the petitioner and false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He further submit that, petitioner was arrested based on mistake of identity. He further submits that the petitioner 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 Government Advocate (Crl.Side) appearing for the respondent police, opposing for grant of bail, is that the petitioner in a drunken mode, pelted stone on the bus and thereby caused damaged to the front side glass of the bus. He further submit that the major part of the investigation is over. He also submits that there is no previous case pending against the petitioner.

4. Further, having heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record, this court is inclined to grant bail to the petitioner with certain conditions and accordingly, he is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned 2/5

Judicial Magistrate No.1 at Attur, 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 daily 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];

[f] If the accused thereafter absconds, a fresh FIR 3/5

can be registered under Section 269 of B.N.S. 29.01.2025 Sma To

1. Judicial Magistrate No.1, Attur.

2.The Inspector of Police, Attur Rural Police Station, Salem District.

3. The Superintendent, Sub Jail, Attur

4. The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA.,J.

Sma 29.01.2025 5/5