K.Pagalavan @ Baskar v. The State Represented By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN K. Pagalavan @ Baskar ... Petitioner Vs.

The Inspector of Police, Desur Police Station, Thiruvannamalai District.

(Crime No.05 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.05 of 2025, pending investigation on the file of the respondent Police.

For Petitioner : M/s. S. Deepika For Respondent : Mr. A. Gopinath Government Advocate (Crl.Side) ****** 1/6

O R D E R

Petition seeking bail in respect of Crime No.05 of 2025 registered for the alleged offences punishable under Sections 191(2), 296(b), 351(2), 303(2) and 329(3) of BNS read with Section 3 of TNPPL Act, is on board for consideration.

2.

The case of the prosecution is that, the petitioner along with other accused trespassed into the defacto complainant's land, abused the defacto complainant using filthy language; damaged the standing crops and also threatened him with dire consequences. Hence, this case. 3.

Learned counsel appearing for the petitioner submits that the petitioner belongs to a political party and he has been falsely implicated in this case; that the CCTV footages installed in the place of occurrence would show that the petitioner is innocent and a false case has been foisted against him; that the petitioner has been arrested and remanded to judicial custody on 17.01.2025; that the co-accused were granted bail by this Court vide order dated 24.01.2025 in Crl.O.P.No.1641 of 2025; and that the petitioner herein is 2/6

ready to abide by any stringent condition that may be imposed by this Court and to appear and co-operate for the investigation, and prayed to grant bail to the petitioner.

4.

Learned Government Advocate (Criminal Side) appearing for the respondent police opposed the grant of bail to the petitioner stating that, the petitioner is a history sheeter and having 26 previous cases, out of which, 12 cases were referred, 4 cases were disposed of, 5 cases are pending trial, 3 cases are not taken on file and 2 cases are under investigation. 5.

Heard the learned counsel appearing for the petitioner, the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

6.

Taking into consideration the facts and circumstances of the case, the nature of allegation against the petitioner, the submissions made by the learned counsels on either side, the fact that the previous cases registered against the petitioner is either referred or disposed of, the period of incarceration undergone by the petitioner and since further custody of the 3/6

petitioner is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain conditions. 7.

Accordingly, the petitioner 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 Judicial Magistrate, Vandavasi, Thiruvannamalai District 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 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 4/6

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 can be registered under Section 269 of B.N.S.

04.02.2025 stn To

1. The Judicial Magistrate, Vandavasi, Thiruvannamalai District.

2. The Inspector of Police, Desur Police Station, Thiruvannamalai District.

3. The Superintendent, Central Prison, Vellore.

5/6

SUNDER MOHAN, J.

stn

4. The Public Prosecutor, High Court of Madras.

04.02.2025 6/6