Manivasagam v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2024

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.28763 of 2024 Manivasagam ... Petitioner Vs.

The State rep. by Inspector of Police, Steel Plant Police Station, Salem District.

(Crime No. 277 of 2024) ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.277 of 2024 on the file of the respondent Police.

For Petitioner :

Mr.C. Deepakkumar For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioner, 1/6

who was arrested and remanded to judicial custody on 21.09.2024 , seeking bail in Crime No.277 of 2024 registered under Sections 123 and 111 of BNS.

2.The case of the prosecution is that on 19.09.2024 at about 08.00 pm, the petitioner along with other accused sold 120 Tapentadol tablets (each costing Rs.250/-) to the de facto complainant. Hence the case. 3.Learned Counsel appearing for the petitioner submitted that the the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prayed for grant of bail to the petitioner stating that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court.

4.Learned Government Advocate (Crl. Side) appearing for the respondent police while opposing for grant of bail to the petitioner submitted that the petitioner along with other accused sold 120 Tapentadol tablets (each costing Rs.250/-) to the de facto complainant 2/6

5.Heard the learned Counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record including the counter filed by the respondent.

6.Taking into consideration the facts and the submissions made by the learned counsel appearing for the parties, taking note of 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 his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.1, Salem and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall appear before the respondent every day at 06.30 pm., until further 3/6

orders;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned 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]; [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.

19.11.2024 sai 4/6

To 1.

The Judicial Magistrate No.1, Salem.

2.

Inspector of Police, Steel Plant Police Station, Salem District.

3.

The Superintendent, Central Prison, Salem.

4.

The Public Prosecutor, High Court of Madras.

5/6

A.D.JAGADISH CHANDIRA.,J.

sai Dated: 19.11.2024 6/6