Sivakumar v. The State Rep By, Station House Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.04.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Sivakumar

...Petitioner/Accused 3

Vs.

State rep by The Station House Officer, Portonovo Police Station, Cuddalore.

(Crime No.74 of 2025) ...

Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.74 of 2025 pending investigation on the file of the respondent police. For Petitioner :

M/s.Lakshmi Vijayakumar 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 19.03.2025, seeking bail Page No.1 of 6

in Crime No.74 of 2025 registered for the offence under Sections 126(2), 296(b), 221, 223, 132, 351(3) of BNS, 2023.

2.It is the case of the prosecution that when the officers from Fisheries Department were about to remove the pond wherein the accused were allegedly growing fresh water prawns along with fishes based on the order passed by the District Collector, the petitioner along with the other accused had waylaid the officials and had not allowed them to remove the said pond. Hence, the case.

3.The learned counsel for the petitioner would submit that the petitioner is innocent; that the petitioner has no bad antecedents; that the pond has been removed and that the the petitioner is in custody from 19.03.2025 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 alleged pond has been removed and that the petitioner has no bad antecedents. Page No.2 of 6

5.Heard the learned counsel on either side and perused the materials available on record.

6.Considering the nature of allegations, period of incarceration, the fact that the pond has been removed, the petitioner has no bad antecedents and since further custody of the petitioner is not required for the purpose of investigation, 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 District Munsif cum Judicial Magistrate, Parangipettai, Cuddalore, 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; Page No.3 of 6

[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 B.N.S.

07.04.2025 ata Page No.4 of 6

Copy to:

1.The Station House Officer, Portonovo Police Station, Cuddalore.

2.The District Munsif cum Judicial Magistrate, Parangipettai, Cuddalore. 3.The Superintendent of Prison, Central Prison, Cuddalore.

4.The Public Prosecutor, High Court, Madras.

Page No.5 of 6

SUNDER MOHAN, J.

ata 07.04.2025 Page No.6 of 6