K.Balaji 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 K. Balaji ... Petitioners Vs.
State of Tamil Nadu Rep by The Inspector of Police R-10, M.G.R. Nagar Police Station, Chennai ( Crime No.417 of 2024)
...Respondent/Complainant
PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S. Act, 2023, praying to enlarge the petitioners on bail in Crime No.417 of 2024 on the file of respondent police. For Petitioner : Mr.B. Balamurugan For Respondent : Mr.S.Vinothkumar Government Advocate (Crl. Side) ***** 1/6
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 21.10.2024 for the offences under Sections 278, 123 of B.N.S in Crime No.417 of 2024 on the file of the respondent police, seek bail.
2. The case of the prosecution is that the petitioner along with other accused were found in illegal possession of 86 Nos of Tapentadol tablets, 25 nos of syringe and 15 nos of syringe with drugs. Hence, the 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 21.10.2024 ; that he is a law-abiding citizen; that he is ready to furnish substantial sureties for his due release on bail. He further submitted that only based on the confession statement the petitioner has been implicated in this cases and there is no recovery from this petitioner and therefore, he 2/6
prays for the grant of bail to the petitioner.
4. Learned Government Advocate (Crl.Side) opposes the grant of bail to the petitioners by stating that the petitioner along with other accused were found in illegal possession of 86 Nos of Tapentadol tablets, 25 nos of syringe and 15 nos of syringe with drugs He further submitted that there is one previous case pending against the petitioner.
5. Heard both sides and perused the materials available on record. 6.Considering the representation made on both sides and taking note of the fact that only based on the confession statement given by the co-accused the petitioner has been implicated in this case, there is no recovery of contraband from this petitioner, there is no previous case pending against the petitioner, taking into consideration the period of incarceration undergone by the petitioner, 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 3/6
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 XXIII Metropolitan Magistrate Court At Chennai and on further conditions that:
[a] the petitioner shall report before the Respondent Police Station, everyday 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;
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[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]; and [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
29.10.2024 smn To 1.The XXIII Metropolitan Magistrate Court At Chennai 2.The Central Prison, Chennai 3.The Inspector of Police R-10, M.G.R. Nagar Police Station, Chennai 4.The Public Prosecutor, High Court of Madras.
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P.DHANABAL, J.
smn 29.10.2024 6/6