Narendran And Others vs Inspector Of Police

T.V.Thamilselvi, J

The petitioners, who were arrested and remanded to judicial custody on 09.03.2024 for the alleged offences punishable under Sections 272, 273, 328 of IPC Act and Section 20(1) COTP Act and Section 77 of JJ. Act 2015 r/w Section 7 and 9 (ii) of TNPSS Act 2003 in crime No. 68 of 2024 on the file of the respondent, seeks bail.

The case of the prosecution is that the respondent police found the petitioners with illegal possession of 45 Kgs of contraband Hans and Collip. Hence, the case.

The learned counsel for the petitioners submit that the petitioner hav been falsely implicated in this case. On the other side, the learned Government Advocate (Crl. side) submits that there is no previous case pending against the petitioners.

Considering the incarceration undergone by the petitioners and also there is no previous case pending against these petitioners. Hence, this Court is inclined to grant bail to the petitioners.

Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties ( one must be a blood surety), each for a like sum to the satisfaction of the learned XV Metropolitan Magistrate court, 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 petitioners shall report before the respondent police daily at 10.30 a.m., for a period of two months and thereafter as and when required for interrogation.

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

[d] the petitioners 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 229A IPC.