Karthikeyan v. The State Rep.By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.05.2025

CORAM

THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR Karthikeyan ... Petitioner(s) /Accused Vs.

State represented by the Inspector of Police, Vadakkipalayam Police Station, Coimbatore.

... Respondent(s)/ Complainant Crime No.66 of 2025 Prayer: Criminal Original Petition filed under Section 483 of BNSS 2023, to enlarge the petitioner on bail in connection with Crime No.66 of 2025 on the file of the respondent police.

For petitioner(s) : Mr.I.Abrar Mohamed Abdullah For Respondent(s) : Mr.V.J.Priyadarsana Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 03.05.2025, seeking bail in Crime No.66 of 2025 registered for the offences under Sections 303(2) of BNS, 2023 and Section 21(1) of MMDR Act, 1957. Page No.1 of 6

2. The case of the prosecution is that the petitioner had illegally transported 27 tonnes of stones without any permission. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. He would further submit that the petitioner is in custody from 03.05.2025. He further submitted that the petitioner, without prejudice to his rights, is ready to deposit a sum of Rs.5,000/- to any welfare scheme of the Government or any other organization. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing the grant of bail to the petitioner, reiterated the prosecution case and submitted that the stones and the vehicle had been seized.

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

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6. Considering the nature of allegation, period of incarceration, the fact that the vehicle and the stones had been seized, 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, considering the voluntary submission, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten thousand only) as nonrefundable deposit either through RTGS/NEFT/cash/demand draft in favour of "The Dean, Stanley Government Medical College and Hospital, Chennai, bearing A/c. No.39219285071, State Bank of India, Old Jail Road, Stanley Hospital, IFSC:SBIN0001476", without prejudice to his defence before the trial Court and on such deposit, the petitioner is ordered to be released on bail on her 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 Judicial Magistrate No.I, Pollachi, 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; Page No.3 of 6

[b] the petitioner shall report before the jurisdictional Judicial Magistrate from Monday to Friday at 10.30 a.m., and shall appear before the respondent Police on Saturday and Sunday 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;

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.

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Note:

1. Registry is directed to forthwith upload this order in the official website of this Court.

2. All concerned to act on this order being uploaded in official website of this court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this court will be watermarked and will also have a QR code.

To

1. Judicial Magistrate No.I, Pollachi,

2. The Superintendent of Prison, Central Prison, Coimbatore.

3. Inspector of Police, Vadakkipalayam Police Station, Coimbatore.

4. The Public Prosecutor, Madras High Court, Chennai.

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N.SENTHILKUMAR, J.

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