Ranjith v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.10.2024

CORAM

THE HON'BLE MR. JUSTICE P.DHANABAL Ranjith ... Petitioner/A3 Vs.

State represented by, Inspector of Police, Bagayam Police Station, Vellore District.

(Crime No. 411 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.411 of 2024 on the file of the respondent Police.

For Petitioner : M.S.Silambuselvan 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 05.09.2024, for the alleged offences punishable under Sections 77 of 1/6

Juvenile Justice Act 2015 and Sections 123, 111 of BNS 2023 @ Sections 123 of BNS 2023 r/w Section 77 of Juvenile Justice Act, 2015, in Crime No.411 of 2024, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 04.09.2024, at about 10 a.m, when the respondent police is on regular patrol duty at that time, they found the petitioner along with other accused was in illegal possession of 560 numbers of Tapentadol Tablet and the same was seized by the respondent police. 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 for more than 50 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 there are totally nine accused in this case 2/6

and the petitioner herein is arrayed as A3. He further submits that on the date of the alleged occurrence, the petitioner along with other accused was found in illegal possession of 560 numbers of Tapentadol Tablets. He further submits that from this petitioner 300 numbers of Tapentadol Tablets were recovered. 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 charged against the petitioner, quantity involved is not a commercial quantity, considering the period of incarceration undergone by the petitioner from 05.09.2024, and the petitioner has no previous cases, 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) 3/6

with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Vellore, 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 4/6

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

28.10.2024 drl To 1.The Judicial Magistrate No.I, Vellore.

2.The Inspector of Police, Bagayam Police Station, Vellore District.

3.The Superintendent, Central Prison, Vellore.

4.The Public Prosecutor, High Court of Madras.

P.DHANABAL, J.

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drl 28.10.2024 6/6