Vasanthakumar v. State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 11.09.2024
CORAM
THE HON'BLE MR.JUSTICE P.DHANABAL CRL OP.No.22447 of 2024 Vasanthakumar ... Petitioner / Accused - 1 Vs State rep. by The Inspector of Police, Uthukottai Police Station, Thiruvallur District.
(Crime No.465 of 2024) ... Respondent PRAYER: - The Criminal Original Petition is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, (BNSS) 2023, praying to enlarge the petitioner on bail in Crime No.465 of 2024, on the file of the respondent.
For Petitioner : Mr.P.Chandrasekar For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor 1/6
ORDER
The petitioner, who was arrested and remanded to judicial custody on 18.08.2024 for the offences punishable under Sections 303(2), 326(a) of BNS, 2023, and Section 21(1) of MMDR Act, in Crime No.465 of 2024, on the file of the respondent, seeks bail. 2.The case of the prosecution is that on 18.08.2024, when the respondent was on routine vehicle checkup, the petitioner along with the other accused were found in illegal transportation of 33 units of Gravel sand worth about Rs.2,00,000/- in lorries bearing Regn.Nos.TN-18-BS5055, TN-18-CZ-5701 and TN-20-CZ-0146, without any valid license. Hence, the case.
3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the petitioner has been in custody from 18.08.2024 and that there is no previous case against the petitioner. He would further submit the petitioner is ready to abide by any condition 2/6
that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.
4.The learned Additional Public Prosecutor for the respondent would submit that the petitioner was found in illegal transportation of 33 units of Gravel sand in lorries bearing Regn.Nos.TN-18-BS-5055, TN18-CZ-5701 and TN-20-CZ-0146 without any valid license. She would further submit that the material and the property have been seized and that there is no previous case against the petitioner. However, she vehemently opposed to grant bail to the petitioner.
5. Heard both side learned counsel and perused the materials available on record.
6. Considering the nature of offences and the material involved in this case and that no previous case is pending against the petitioner and also considering the number of days of incarceration undergone by the petitioner and all other aspects, this Court is inclined to grant bail to the petitioner subject to the following conditions: 3/6
[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute 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 District Munsif cum Judicial Magistrate, Uthukottai, and on further conditions that;
[b] the petitioner shall report before the respondent police on every Saturday at 10.30 a.m., until further orders. [c] the petitioner shall not commit any offences of similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;
[d] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
[e] the petitioner shall not abscond either during investigation or trial;
[f] On breach of any of the aforesaid conditions, the learned Judicial 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 [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
11.09.2024 ata 4/6
To 1.The District Munsif cum Judicial Magistrate, Uthukottai. 2.The Inspector of Police, Uthukottai Police Station, Thiruvallur District.
3.Central Prison, Puzhal.
4.The Public Prosecutor, High Court, Madras.
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P.DHANABAL ,J.
ata CRL.OP.No.22447 of 2024 11.09.2024 6/6