Ragupathi v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.12.2024

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Ragupathi ... Petitioner Vs.

State Rep. by The Inspector of Police Thirupattur Taluk Police Station Thirupattur District ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.741 of 2024 pending investigation on the file of the respondent. For Petitioner :

Mr.E.Kannadasan For Respondent :

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

O R D E R

Petition seeking bail in respect of Crime No.741 of 2024 registered for 1/5

the offences punishable under Sections 303(2), 326(a) of BNS 2023 r/w.21(1) of Mines and Minerals (Development & Regulation) Act 1957, is on board for consideration.

2.The incarceration of the petitioner being from 28.11.2024 pleading innocence on the part of the petitioner/A3 and false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He also submits that the co-accused were granted anticipatory bail by this Court in Crl.OP.No.30245 of 2024 on 04.12.2024. He also submits that the petitioner, without prejudice to the defence and contention, is ready and willing to deposit a sum of Rs.10,000/- to any welfare scheme of the Government or any other organization. He further submits 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 when the respondent police were on their routine patrol duty, they found that one Ashok Leyland Lorry bearing Registration No.

for transportation.

4.Considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Five Thousand only) to the credit of the "District Legal Services Authority, Tirupattur District" without prejudice to the right of defence before the Trial Court and making it clear that it would not amount to admission of guilt. 5.Having heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record and the period of incarceration undergone by the petitioner, 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 only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.

[b] the petitioner shall report before the respondent Police, everyday at 10.30 a.m., until further orders; 3/5

[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.

sai To 1.The Judicial Magistrate No.II, Thirupattur.

2.The Inspector of Police Thirupattur Taluk Police Station Thirupattur District 3.The Superintendent, Sub Jail, Thirupattur 4.The Public Prosecutor, High Court of Madras.

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