Ganesh v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.10.2024

CORAM

THE HON'BLE MR. JUSTICE P.DHANABAL Crl.O.P.No.24289 of 2024 Ganesh ... Petitioner Vs.

The State represented by, Inspector of Police, P-3 Vyasarpadi Police Chennai (Crime No. 346 of 2024).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., pleased to enlarge the petitioner on bail, in Crime No. 346 of 2024 on the file of the respondent Police.

For Petitioner : Mr.M.Prem Kumar For Respondent : Mr.S.Vinothkumar Government Advocate (Crl.Side) 1/6

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 16.08.2024, for the alleged offence punishable under Sections 98,99,351(3) of BNS Act and Section 4 of TNPHW Act, 2002 in Crime No.346 of 2024, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner in collusion along with other accused sold a new baby for two lakhs. Hence, the complaint.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He has not committed any offence as alleged in the FIR. He also submitted that the petitioner is in judicial custody from 16.08.2024 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed bail for the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner in collusion along with other 2/6

accused sold a new baby for two lakhs. . He further submit that the petitioner has no previous case, pending against him and the child was also rescued. However, he opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record including the First Information Report.

6. Considering the submissions made by the learned counsel on either side, the nature of offence, considering the period of incarceration undergone by the petitioner and the petitioner has no previous case pending against him and the child was also rescued, and also considering all others factors, I am inclined to grant bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) 3/6

with two sureties, each for a like sum to the satisfaction of the learned X Metropolitan Magistrate Court, Egmore, Chennai, and on further conditions that:- [a] the petitioner shall report before the respondent police everyday at 10.30 a.m, until further orders.

[b] 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;

[c] 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;

[d] the Petitioner shall not abscond either during investigation or trial;

[e] 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 4/6

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 269 B.N.S.

01.10.2024 smn To 1.The X Metropolitan Magistrate Court, Egmore, Chennai,

2. The Inspector of Police, P-3 Vyasarpadi Police Chennai 3.The Superintendent, Puzhal Prison, Chennai 4.The Public Prosecutor, High Court of Madras.

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P.DHANABAL, J.

smn 01.10.2024 6/6