M. Praveen Kumar v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.06.2023

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA M.Praveen Kumar S/o. K.Mani ... Petitioner Vs.

The State represented by, The Inspector of Police, R-10, M.G.R. Nagar Police Station, M.G.R. Nagar, Chennai - 600 083.

(Crime No.174 of 2023).

... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail, in connection with the Crime No.174 of 2023, pending investigation on the file of the respondent Police. For Petitioner : Mr.K.Suthan 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 15.05.2023, for the offences punishable under Section 328 of IPC in Crime No.174 of 2023, registered on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on receipt of a secret information, the respondent and his team went to the scene of occurrence, wherein, they found that the accused were in illegal possession of 330 Tapentadol tablets. Hence the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner aged about 23 years, is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner has nothing to do with the alleged offence and he has been in judicial custody from 15.05.2023. He also submitted that similarly placed co-accused in this case has been granted bail by this Court in Crl.O.P.No.12747 of 2023 vide order dated 08.06.2023 and the first accused has also been enlarged on bail by the learned Principal Sessions Judge, Chennai. He further submitted that the 2/6

petitioner is ready to abide by any stringent conditions that may be imposed by this Court, hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner (A2) along with other accused was found to be in illegal possession of 330 Tapentadol tablets. He further submitted that investigation in this case is pending, therefore, he opposed for grant of bail to the petitioner.

5. Heard the learned Counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

6. Taking into consideration the facts and circumstances of the case, the submissions made by the learned counsel on either side, taking note of the fact that the co-accused have been enlarged on bail and also considering the the age of the petitioner and his period of incarceration, 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 3/6

his executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties, (out of which, one should be either mother or father of the petitioner), each for a like sum to the satisfaction of the learned XXIII Metropolitan Magistrate, Saidapet, 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 6.30 p.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; [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 4/6

can be registered under Section 229A IPC.

15.06.2023 ham To

1. The XXIII Metropolitan Magistrate Saidapet.

2. The Inspector of Police, R-10, M.G.R. Nagar Police Station, M.G.R. Nagar, Chennai - 600 083.

3. The Central Prison, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras.

5/6

A.D.JAGADISH CHANDIRA.,J.

ham 15.06.2023 6/6