Dahari Prasad v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.10.2024

CORAM

THE HON'BLE MR. JUSTICE P.DHANABAL Dahari Prasad ... Petitioner Vs.

State represented by, The Inspector of Police, Hudco Police Station, Krishnagiri District.

(Crime No. 299 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.299 of 2024 on the file of the respondent Police.

For Petitioner : Mr.J.Pradeep For Respondent : Mr.S.Vinothkumar Government Advocate (Crl.Side)

O R D E R

The Petitioner, who was arrested and remanded to judicial custody on 01.10.2024, for the alleged offences punishable under Section 105 of BNS Act, in Crime No.299 of 2024, on the file of the respondent police, seeks 1/6

bail.

2. The case of the prosecution is that on 30.09.2024 at about 7.00 p.m, this petitioner is a lorry driver. He drove a lorry in a rash and negligent manner and he parked his lorry and came out, at that time, the lorry lost control, move forward and dashed against the Government Bus and also dashed against the defacto complainant's son, for which, he sustained severe injuries on his stomach and he had taken to hospital, later he died. 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 further submit that the petitioner was arrested and is in judicial custody from 01.10.2024 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 on the date of the alleged occurrence, the 2/6

petitioner is the lorry driver. He parked the lorry and came out, at that time, the lorry lost control, move forward and dashed against the Government Bus and also on the defacto complainant's son, for which, he sustained severe injuries on his stomach and he had taken to hospital, later he died. He further submits that the petitioner has no previous cases, pending against him. Hence, 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 nature of offence, and the petitioner has no previous cases, pending against him, considering the period of incarceration undergone by the petitioner from 01.10.2024, 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) with two sureties, each for a like sum to the satisfaction of the learned 3/6

Judicial Magistrate No.II, Hosur, and on further conditions that:- [a] the petitioner shall report before the respondent police daily 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 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 4/6

under Section 269 B.N.S.

29.10.2024 drl To 1.The Judicial Magistrate No.II, Hosur.

2.The Inspector of Police, Hudco Police Station, Krishnagiri District.

3.The Superintendent, Sub Jail, Hosur.

4.The Public Prosecutor, High Court of Madras.

P.DHANABAL, J.

drl 5/6

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