Rohan @ Rohan Palli Vs The State rep by The Inspector of Police

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.142 of 2024 on the file of the respondent.

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For Petitioner : Mr.S.Varatharajan For Respondent : Mr.L.Baskaran Government Advocate (Crl.Side)

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O R D E R

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The petitioner, who was arrested and remanded to judicial custody

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on 23.02.2025, for the offences punishable under Sections 341, 294(b), 323,

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397, 427, 336 and 506(ii) of I.P.C. in connection with Crime No.142 of

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2024, registered on the file of the respondent, seeks bail.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.17128 of 2025

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The learned counsel for the petitioner submitted that the

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petitioner was earlier arrested on 12.12.2024 in Crime No.273 of 2024 for the offence under NDPS Act. The petitioner was detained under Tamil Nadu Act 14, 1982 branding him as 'Drug Offender' and the same was set aside by this Court on 23.01.2025 in H.C.P.No.297 of 2025 and again the petitioner was arrested in the above Crime No.142 of 2024 on 23.02.2025. Hence, he prays for grant of bail to the petitioner.

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Learned Government Advocate (Criminal Side) appearing for

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the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case and submitted that the petitioner has got two previous cases of NDPS offence.

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Heard both sides and perused the materials available on record .

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6. Considering the facts and circumstances of the case,

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submissions made by the learned counsels on either side and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.17128 of 2025

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Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties , each for a like sum to the satisfaction of the V Metropolitan Magistrate, Chennai , and on further conditions that:

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[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

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[b] the petitioner shall report before the respondent Police, everyday at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation and shall appear before the trial Court on all hearing dates;

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[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required;

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[d] the petitioner shall not directly or indirectly cause any threat to the de-facto complainant and witnesses;

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[e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.17128 of 2025

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days, he shall comply to the directions as may be given by the Court in this regard;

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[f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283 ];

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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

16.06.2025

rsi

Note :

Registry is directed to forthwith upload this order in the Official Website of this Court.

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All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.17128 of 2025

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To

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