M.Deepan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2024

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No. 10553 of 2024 M.Deepan ... Petitioner Vs.

State Rep by.

The Inspector of Police Veppadai Police Station, Veppadai, Namakkal District.

Crime No. 61 of 2024 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to grant bail to the petitioner/accused-7 in Crime No. 61 of 2024 on the file of the respondent police .

For Petitioner : Mr. S.Saranraj For Respondent : Mr.V.Meganathan, B.A., B.L., Government Advocate (Crl. Side)

O R D E R

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The petitioner, who was arrested and remanded to judicial custody on 05.03.2024 for the alleged offences punishable under Section s 328 of IPC in crime No. 61 of 2024 on the file of the respondent, seeks bail.

2. The case of the prosecution is that the accused persons were said to have indulged in possession and selling of the Tapentadol tables to the students. Hence, the case.

3. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. On the other side, the learned Government Advocate (Crl. side) submits that the accused persons were attempted to sell the 8,350 Tapentadol tablets to the students. Further, he stated that A1 was detained under goondas Act.

4. Considering the period of incarceration undergone by the petitioner and also investigation is almost completed. Hence, this Court is inclined to grant bail to the petitioner.

5. Accordingly, the petitioner is ordered to be released on bail on 2/5

his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties ( one must be a blood surety), each for a like sum to the satisfaction of the learned Judicial Magistrate, Kumarapalayam, 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 on alternative days at 10.30 a.m., for a period of four months and thereafter as and when required for interrogation. Further, the petitioner shall deposit a sum of Rs.50,000/- to the credit of Arignar Anna Government Hospital of Indian MedicineA/c. 110101106507Canara BankAminjikarai, Chennai-29.IFSC Code : CNRB0016021 (Siddha) [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence 3/5

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

29.04.2024 pbl T.V.THAMILSELVI,J.

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pbl To

1. The Judicial Magistrate, Kumarapalayam 2.The Inspector of Police Veppadai Police Station, Veppadai, Namakkal District.

3. The Central Prison, Salem.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.10553 of 2024 29.04.2024 5/5