Praveen Kumar v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.10.2024

CORAM

THE HON'BLE MR. JUSTICE P.DHANABAL Praveen Kumar ... Petitioner Vs.

State represented by, The Inspector of Police, S.H.O. Orathur Police Station, Cuddalore District.

(Crime No. 116 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.116 of 2024 on the file of the respondent Police.

For Petitioner : Mr.S.Kasirajan 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 303(2), 326 1/6

of BNS r/w 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.116 of 2024, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 01.10.2024 at about 3.00 p.m, when the respondent police were on their regular patrol duty, at that time, the petitioner along with other accused was attempted to take one unit of river sand. 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. since he has got some previous cases. He has not committed any offence as alleged in the FIR. He would further submit that the petitioner was arrested and is in judicial custody for more than 25 days 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, when 2/6

the respondent police were on their regular patrol duty, at that time, the petitioner along with other accused was attempted to take one unit of river sand. He further submits that the petitioner has no previous case, 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 it is only an attempt, and considering the period of incarceration undergone by the petitioner from 01.10.2024, and the petitioner has no previous case, pending against him, 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 Judicial Magistrate Court-II, Chidambaram, and on further conditions that:- 3/6

[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 interrogation.

[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 4/6

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

22.10.2024 drl To 1.The Judicial Magistrate No.II, Chidambaram.

2.The Inspector of Police, S.H.O. Orathur Police Station, Cuddalore District.

3.The Superintendent, District Prison, Cuddalore District.

4.The Public Prosecutor, High Court of Madras.

P.DHANABAL, J.

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