Mannayan @ Vengadesan v. The State Of Tamilnadu, Rep By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Mannavan @ Vengadesan ... Petitioner Vs.

The State of Tamil Nadu Rep. by the Inspector of Police H-6, R.K.Nagar Police Station Chennai.

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioner on bail pending of the case in P.R.C.No.96 of 2009 (on the file of the learned XV M.M., G.T., Chennai) connected with Crime No.322 of 2009 on the file of the respondent police.

For Petitioner : Mr.M.Illiyas For Respondent : Mr.Leonard Arul Joseph Selvam Learned Government Advocate (Criminal 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 23.01.2025, seeking bail in Crime No.322 of 2009 registered for the offence under Section 8(c), 20(b)(ii)(B) of the NDPS Act.

2.The case of the prosecution is that the petitioner was facing trial for the offences under Section 399 of IPC, NBW was issued on 04.03.2024 for his non-appearance and thereafter, he was arrested on PT warrant on 23.01.2025. 1/4

3.Learned counsel appearing for the petitioner submitted that originally the petitioner was arrested in Crime No.1353 of 2024 and thereafter he was arrested in this case on PT warrant, that his non appearance before the trial Court neither wilful nor wanton. Hence, he prayed for grant of bail to the petitioner. 4.Learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case. He further submitted that the petitioner was granted bail in his previous case.

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 facts and nature of allegations, period of incarceration undergone by the petitioner, and since further custody is not required, 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 XV Metropolitan Magistrate, G.T., at Chennai, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression 2/4

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 appear before the trial Court concerned, on all the hearing dates.

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

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SUNDER MOHAN, J.

sai To 1.The XV Metropolitan Magistrate, G.T., Chennai 2.The Inspector of Police H-6, R.K.Nagar Police Station Chennai 3.The Superintendent, Central Prison, Puzhal.

4.The Public Prosecutor, High Court of Madras.

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