Palpandi 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 Palpandi ... Petitioner Vs.

State rep. by The Inspector of Police, SIPCOT Police Station, Krishnagiri District.

(Crime No.385 of 2024) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pending investigation in Crime No. 385 of 2024 on the file of the respondent Police. For Petitioner :

Mr.J.Pradeep For Respondent :

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

O R D E R

Petition seeking bail in respect of Crime No.385 of 2024 registered for the offences punishable under Section 123 of BNS, 2023 r/w Section 7, 20(1) of 1/6

COTPA Act is on board for consideration.

2.The incarceration of the petitioner being from 21.11.2024 pleading innocence on the part of the petitioner and false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. 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 regular patrol duty near Jujuvadi check post, they found that the petitioner was attempting to illegally transport 146.300 Kgs of prohibited tobacco products worth about Rs.64,400/- through a vehicle bearing Reg. No. TN 59 AT 2131 from Karnataka State to Tamil Nadu. He further submits that there is no previous case against the petitioner.

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 Ten Thousand only) to the credit of the "Charu Home for Aged, 2/6

Account Number : 2771201000291, IFSC Code : CNRB0002771, Canara Bank, Mahila Branch, T.Nagar, Chennai - 17" 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 considering 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 II, Hosur, 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 06.30 p.m., until further orders;

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

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[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. 10.12.2024 sai To 1.

The Judicial Magistrate II, Hosur.

2.

The Inspector of Police, SIPCOT Police Station, Krishnagiri District.

3.

The Superintendent, Sub Jail, Hosur.

4.

The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA., J.

sai 5/6

10.12.2024 6/6