Karthick v. State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.02.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Karthick ... Petitioner Vs.

The State represented by, The Inspector of Police, Ramapuram Police Station, Chennai.

(Crime No.637 of 2024).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.637 of 2024, pending investigation on the file of the respondent Police. For Petitioner : Mr.S.Karthick For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 22.11.2024, seeking bail in Crime No.637 of 2024 registered for the offence under Sections 123, 278 of BNS Act ( Section 328, 276 of IPC) read with Section 77 of Juvenile Justice Act. 1/5

2. The case of the prosecution is that the petitioner along with other accused was found to be in illegal possession of 120 Tydol tablets. Hence the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is in custody from 22.11.2024 and since the contraband has been seized, the petitioner may be released on bail.

4. Learned Government Advocate (Crl.Side) reiterated the case of the prosecution and submitted that there is no previous case against the petitioner.

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

6. Considering, the nature of allegation; period of incarceration; no previous case against the petitioner; and since further custody is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain conditions.

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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 No.II, Poonamallee [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 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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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

13.02.2025 Sma To

1. The Judicial Magistrate No.II, Poonamallee.

2. The Inspector of Police, Ramapuram Police Station, Chennai.

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

4. The Public Prosecutor, High Court of Madras.

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SUNDER MOHAN., J.

Sma 13.02.2025 5/5