R.Akila v. Home, Prohibition And Excise Department

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.07.2024

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Crl.O.P.Nos.13913 & 13915 of 2024 Crl.O.P.No.13913 of 2024 R.Akila ... Petitioner Vs The State of Tamil Nadu, represented by the Deputy Suuperintendent of Police, Organised Crime Unit-II, Crime Branch CID, Egmore, Chennai - 600 008.

... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., to enlarge the petitioner on bail, in Crime No.5 of 2023 on the file of Deputy Superintendent of Police, OCU-II, CBCID, Egmore, Chennai-600 008. For Petitioner : Mr.Rupert Barnabas for Mr.J.Selvarajan For Respondent : Mr.L.Baskaran Government Advocate (Crl.Side) Crl.O.P.No.13915 of 2024

G.Sowmiya @ Fathima Christy @ Christy Raj ... Petitioner Vs The State of Tamil Nadu, represented by the Deputy Suuperintendent of Police, Organised Crime Unit-II, Crime Branch CID, Egmore, Chennai - 600 008.

... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., to enlarge the petitioner on bail, in Crime No.5 of 2023 on the file of Deputy Superintendent of Police, OCU-II, CBCID, Egmore, Chennai-600 008. For Petitioner : Mr.Rupert Bernabas for Mr.J.Selvarajan For Respondent : Mr.L.Baskaran Government Advocate (Crl.Side) COMMON ORDER All these Petitions have been taken up together, as they all arise out of a single Crime number on the file of the respondent Police.

2. It has been brought to the notice of this Court that the investigation is at its fag-end. From the records, it could also be seen that the respective petitioners have been taken on custody by the respondent police for three (3) days on the initial remand and thereafter, they had also not made any application for any further interrogation by them.

3. Considering the fact that the investigation is almost over and the documents have all been secured in respect of these two petitioners and also considering the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions.

4. Accordingly, the petitioners are ordered to be released on bail on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties (out of which, one surety must be blood surety), for a like sum to the satisfaction of the learned XI 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 every everyday at 10.30 a.m., till further orders and also appear for the trial Court hearings.

(c) the petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the petitioner shall not abscond 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

02.07.2024 Gba

K.KUMARESH BABU.J., Gba Crl.O.P.Nos.13913 & 13915 of 2024 02.07.2024