Selvam v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.10.2024
CORAM
THE HON'BLE MR. JUSTICE P.DHANABAL Selvam S/o.Elumalai
...Petitioner
Vs.
State represented by The Station House Officer Ulundurpet Police Station Kallakurichi District (Crime No.608 of 2024)
...Respondent
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.608 of 2024 on the file of respondent police. For Petitioner : Mr.G.Saravanabhavan For Respondent : Mr.S.Vinothkumar Government Advocate (Crl. Side) ***** 1/7
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 29.09.2024 for the offences under Sections 123 of BNS read with 24(1) of COTPA Act in Crime No.608 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 was found in illegal possession of banned tobacco products worth about Rs.63,000/- and was selling the same. Hence, this case.
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 further submitted that the petitioner has been in custody since 29.09.2024; that he is a law-abiding citizen; that he is ready to furnish substantial sureties for his due release on bail. Therefore, he prays for the grant of bail to the petitioner.
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4. Learned Government Advocate (Crl.Side) opposes the grant of bail to the petitioner stating that the petitioner/A2 along with A1 was found in illegal possession of banned tobacco products worth about Rs.63,000/- and was selling the same. He further submitted that the petitioner has got 30 previous cases in which, 15 cases have been disposed of.
5. Heard both sides and perused the materials available on record.
6. Considering the nature of offence, and considering the period of incarceration undergone by the petitioner from 29.09.2024, and though the petitioner has got 30 previous cases, already 15 cases were disposed of and all the other cases are not similar in nature and that he has been granted bail in those cases, 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 3/7
learned Judicial Magistrate-I, Ulundurpet, and on further conditions that:
[a] the petitioner shall report before the Chinna Salem Police Station, daily at 10.30 a.m. until further orders.
[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 4/7
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 [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
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To 1.The Judicial Magistrate-I, Ulundurpet 2.The Superintendent of Prison, Central Prison, Cuddalore 3.The Station House Officer Ulundurpet Police Station Kallakurichi District 4.The Public Prosecutor, High Court of Madras.
Copy to:
The Inspector of Police, Chinna Salem Police Station.
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P.DHANABAL, J.
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