C.H.Kamil v. State Rep. By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.01.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN C.H.Kamil

...Petitioner/Accused

Vs.

State through The Inspector of Police, Ulundurpet Police Station, Kallakurichi District.

...

Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.72 of 2024 pending investigation on the file of the respondent police. For Petitioner :

Mr.S.Sivakumar For Respondent :

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

ORDER

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 18.12.2024, seeking bail in Crime No.72 of 2024 registered for the offence under Section 379 of IPC. Page No.1 of 6

2.It is the case of the prosecution that the petitioner along with the other accused had committed theft of copper coil and oil in the TNEB transformer at various places. Hence, the case. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and that the petitioner has been in custody from 18.12.2024 and hence, further custody of the petitioner is not required. 4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the stolen articles have been seized. 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 fact that the occurrence took place in the year 2023, the stolen articles have been seized, the period of incarceration and since Page No.2 of 6

further custody of the petitioner is not required for the purpose of interrogation, 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 Judicial Magistrate Court - 1, Ulundurpet, 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 witness either during investigation or trial;

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[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 B.N.S.

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Copy to:

1.The Inspector of Police, Ulundurpet Police Station, Kallakurichi District.

2.The Judicial Magistrate - 1, Ulundurpet.

3.Central Prison, Cuddalore.

4.The Public Prosecutor, High Court, Madras.

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SUNDER MOHAN, J.

ata 24.01.2025 Page No.6 of 6