Ezhumalai v. State By, Inspector of Police

O R D E R Petition seeking bail in respect of Crime No.277 of 2024 registered for the offences punishable under Sections 303(2) and 326(a) of BNS, 2023, is on board for consideration.

¶2The incarceration of the petitioner being from 20.11.2024 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 also submits that the petitioner, without prejudice to the defence and contention, is ready and willing to deposit a sum of Rs.5,000/- 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.

¶3The 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, on 20.11.2024, at about 4.00 p.m., when the respondent police on their regular patrol duty near Chennai to Bangalore express road, at that time, the petitioner/A-2 along with other accused was illegally transporting four units of river sand in a Ashok Leyland Tipper Lorry without any valid permit. He would further submit that the petitioner is a driver of the lorry and he has four previous cases of similar nature.

¶4Considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of the "District Legal Services Authority, Ranipet" without prejudice to the right of defence before the Trial Court and making it clear that it would not amount to admission of guilt.

¶5Further, 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, 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, Katpadi, 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.

07.01.2025 dsn To

¶1The learned Judicial Magistrate, Katpadi.

¶2The Inspector of Police, Melpadi Police Station, Ranipet District.

¶3The Superintendent, Central Jail, Vellore.

¶4The Public Prosecutor, High Court of Madras. A.D.JAGADISH CHANDIRA.,J. dsn

07.01.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.01.2025 CORAM THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Ezhumalai ... Petitioner Vs. The State Represented by, Inspector of Police, Melpadi Police Station, Ranipet District. (Crime No. 277 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.277 of 2024, pending investigation on the file of the respondent Police. For Petitioner : Mr.D.Thirumoorthy For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)