Pradeep Kumar v. State, Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Pradeep Kumar

...Petitioner

Vs.

State represented by The Inspector of Police, F-5 Choolaimedu Police Station, Chennai.

Crime No.57 of 2024

...Respondent

PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.57 of 2024 on the file of the respondent Police.

For Petitioner : Mr.M.Soundar Vijay Arul Ram For Respondent : Mr.L.Baskaran Government Advocate (crl.side)

ORDER

The petitioner who was arrested and remanded to judicial custody on 20.02.2024 for the offences registered by the respondent Police under Section 272, 273 and 328 IPC in Crime No.57 of 2024, seeks bail. 1/4

2.The case of the prosecution is that the petitioner was found in illegal possession of 8.736 kgs of banned tobacco products. 3.A status report had been filed by the respondent wherein it had been stated that the substances had been sent for forensic science laboratory. The investigation has proceeded to a substantial extent. 4.Taking all the factors into consideration and the period of incarceration, this Court is inclined to grant bail to the petitioner subject to the following conditions:

5.Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned XVII Metropolitan Magistrate, Saidapet, Chennai 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 2/4

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 can be registered under Section 229A IPC.

13.03.2024 vkr To

1. The XVII Metropolitan Magistrate, Saidapet, Chennai.

2. The Central Prison, Puzhal.

3. The Inspector of Police, F-5 Choolaimedu Police Station, Chennai.

4.The Public Prosecutor, High Court of Madras. C.V.KARTHIKEYAN.

J.

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vkr 13.03.2024 4/4