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Madras High CourtCRL OP/6673/2023granted

Gopalan v. The State Rep By,

2023-03-24Honourable Mr Justice A.D.Jagadish Chandira6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.03.2023

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Gopalan ... Petitioner Vs.

The State represented by, The Inspector of Police, Karamadai Police Station, Coimbatore.

(Crime No.122 of 2023).

... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail in Crime No.122 of 2023 on the file of the respondent police.

For Petitioner : Mr.Balasubramaniam For Respondent : Mr.C.E.Pratap Government Advocate (Crl.Side) 1/6

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 02.03.2023, for the offences punishable under Sections 9(B)(i)(b) of Indian Explosive Act, 1884 and Section 5 of Explosive Substances Act, 1908 in Crime No.122 of 2023, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 28.02.2023, while the respondent police and his team conducted a vehicle check up, they found that three persons were coming in a motorcycle along with explosives and they were arrested and they confessed that they were transporting the explosives to Kerala and during the course of investigation, it came to light that the petitioner has supplied the explosives to the other accused. Hence the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he sold the explosives to A4 and inturn A4 had handed over it to the other accused. Other than the confession 2/6

recorded from him, there is no allegations as against the petitioner. He would submit that the co-accused has been released on bail by this Court in Crl.O.P.No.6534 of 2023. He would further submit that the petitioner is in judicial custody from 02.03.2023, hence, he prays to grant bail to the petitioner.

4. The learned Government Advocate(Crl.Side) would submit that the petitioner had sold the explosives to the third parties, in violation of the Rules. He would submit that the investigation is still pending and if the petitioner is granted bail at this stage, there is a possibility to interfer with investigation. He would submit that co-accused has been granted bail by this Court in Crl.O.P.No.6534 of 2023 dated 23.03.2023. Hence, he opposed for grant of bail to the petitioner.

5. Heard the learned Counsel for the petitioner and the learned Government Advocate(Crl.Side) and perused the materials available on record including the First Information Report. 3/6

6. Taking into consideration the facts of the case and the submissions made by the learned counsel and also considering the period of incarceration suffered by the petitioner, 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.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Mettupalayam, 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 daily at 10.30 a.m., for a period of two weeks and thereafter, every Saturday 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; 4/6

[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 abscond, a fresh FIR can be registered under Section 229A IPC.

24.03.2023 mpa To

1. The Judicial Magistrate, Mettupalayam.

2. The Inspector of Police, Karamadai Police Station, Coimbatore.

3. The Central Jail, Coimbatore.

4. The Public Prosecutor, High Court of Madras.

5/6

A.D.JAGADISH CHANDIRA.,J.

mpa 24.03.2023 6/6