Nagaraj v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.10.2024
CORAM
THE HON'BLE MR. JUSTICE P.DHANABAL Nagaraj
...Petitioner/Accused No.3
Vs.
State rep by the Inspector of Police, Alandurai Taluk Police Station, Coimbatore.
(Crime No.150 of 2024)
...Respondent/Complainant
PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S. Act, 2023, praying to enlarge the petitioner on bail in Crime No.150 of 2024 on the file of respondent police. For Petitioner : Mr.R.Prabakar For Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl. Side) 1/6
O R D E R
The petitioner/A3, who was arrested and remanded to judicial custody on 27.09.2024 for the offences under Sections 302(2) of the BNS and Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.150 of 2024 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner, along with other accused, were alleged to have transported red sand illegally from Government land. Hence the complaint.
3. Learned counsel for the petitioner submitted that the petitioner is an innocent person, he has not committed any offence as alleged by the prosecution, and he has been falsely implicated in this case. He also submitted that the petitioner is a driver; and that the co-accused were arrested and released on bail. He further submitted that the petitioner has been in custody since 27.09.2024; that he is a law-abiding citizen; that he is ready to furnish substantial sureties for his due release on bail; and therefore, he prays for the grant of bail to the petitioner. 2/6
4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner along with other accused were alleged to have transported red sand illegally from Government land. He further submitted that there are no previous cases pending against the petitioner. However, he vehemently opposed the grant of bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the representation made by both sides, the nature of offence, the petitioner acted as a driver, that already the co-accused were released on bail, that there are no previous cases pending against the petitioner and also considering the incarceration period undergone by the petitioner from 27.09.2024, 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 his 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 3/6
learned Judicial Magistrate No.5, Coimbatore, and on further conditions that:
[a] the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of 30 days and thereafter, as and when required for the interrogation; [b] the petitioner shall attend in accordance with the conditions of the bond;
[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 or tamper with the evidence;
[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]; 4/6
and [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
23.10.2024 dk To 1.The Judicial Magistrate No.5, Coimbatore.
2.The Superintendent of Prison, Central Prison Coimbatore.
3.The Inspector of Police, Alandurai Police Station, Coimbatore.
4.The Public Prosecutor, High Court of Madras.
5/6
P.DHANABAL, J.
dk 23.10.2024 6/6