Purushothaman v. The State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.12.2024
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Purushothaman ... Petitioner Vs.
The State rep. by, The Inspector of Police, Oragadam Police Station, Kancheepuram District.
(Crime No. 223 of 2024).
... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail, in connection with Crime No.223 of 2024, pending investigation on the file of the respondent Police.
For Petitioner :
Mr.M.Jaisingh For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)
O R D E R
Petition seeking bail in respect of Crime No.223 of 2024 registered a case initially as "Man missing" later altered for the offences punishable under Sections 342, 346, 294(b), 323, 364 and 307 of IPC, is on board for consideration.
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2. The incarceration of the petitioner being from 25.10.2024 pleading innocence on the part of the petitioner and false implication in the case, the learned counsel for the petitioner seeks indulgence of this Court. He would submit that a major part of the investigation is over. He would further submit that the petitioner is ready to abide by any stringent condition that may be imposed by this court.
3. The case of the prosecution, as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the petitioner along with other accused, are offenders under the COTPA Act and they suspecting that, the defacto complainant has stolen the material from their go-down had assaulted him and poured petrol on him, later released him. He would further submit that this is second bail petition, earlier bail petition was dismissed on 13.11.2024 in Crl.O.P.No.28306 of 2024.
4. Having heard the learned counsel for the petitioner, the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, this court is inclined to grant bail to the petitioner with certain conditions and 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 2/4
only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Sriperumbudur, 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 report before the respondent Police, everyday at 10.30 a.m., until further 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 absconds, a fresh FIR can be registered under Section 269 of B.N.S.
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A.D.JAGADISH CHANDIRA.,J.
dsn To
1. The Judicial Magistrate, Sriperumbudur.
2. The Inspector of Police, Oragadam Police Station, Kancheepuram District.
3. The Superintendent, District Jail, Chengalpattu.
4. The Public Prosecutor, High Court of Madras.
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