High Court · 2025

Crl.O.P.No.19777 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 31.07.2025CORAMTHE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Crl.O.P.No.19777 of 20251.Lokesh Kumar2.Syed Vaseeulla3.Madhusudhan.. Petitioners/A1, 3 & 4Vs.The State Rep. By itsThe Inspector of Police,Krishnagiri Police Station,CSCID – Chennai.(Crime No.136 of 2025).. RespondentPRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on anticipatory bail in the event of their arrest in Crime No.136 of 2025 on the file of the Inspector of Police, Krishnagiri Police Station, CSCID-Chennai/respondent police.For Petitioners: Mr.T.ShanmugamFor Respondent: Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)Page No.1 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19777 of 2025ORDERThe petitioners were apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 6(4) of Tamil Nadu Scheduled Commodities (RDCS) Order, 1982 and 7(1)(a)(ii) of Essential Commodities Act, 1982 in Crime No.136 of 2025, seeks anticipatory bail.2. Mr.T.Shanmugam, learned counsel for the petitioners submitted that he filed Crl.O.P.No.19777 of 2025 on 09.07.2025. The case was initially listed for hearing on 28.07.2025 and subsequently posted on 31.07.2025, and he had filed on behalf of all three accused. However, for some reason, the case has not been listed. In the meanwhile, Crl.O.P.Nos.20469 & 20470 of 2025 were filed by the two accused, namely Madhusudhan and Syed Vaseeulla on 17.07.2025. The said criminal original petitions were listed for hearing on 24.07.2025, and anticipatory bail was granted to them. In view of the same, the learned counsel submitted that he has to cut a sorry figure before the referring counsel from the Lower Court and that his reputation is now at stake due to the mistake of others. Page No.2 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19777 of 20253. Learned Government Advocate (Crl.Side) appearing for the respondent Police sought an apology and submitted that it is his duty to inform this Court about the pendency of an earlier petition. He further submitted that since the instructing police have not informed about the pendency of the earlier bail petition, appropriate instructions should be given to the reporting police in the future to provide full detail and particulars about the pendency of the earlier bail petition or similar bail petitions for the same petitioners.4. Heard both sides and perused the materials available on record.5. Considering the facts and circumstances of the case, this Court understands the difficulty faced by Mr.T.Shanmugam, Advocate. The Registry shall be careful while numbering the petition in the future, and if such an event is repeated, appropriate action will be taken against the concerned person.6. In view of the above, since the anticipatory bail has already been granted to 2nd and 3rd petitioners, this Criminal Original Petition is Page No.3 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19777 of 2025dismissed as infructuous as against 2nd and 3rd petitioners. However, considering the facts and circumstances of the case and also considering the fact that the co-accused has already been granted anticipatory bail, this Court is inclined to grant anticipatory bail to the 1st petitioner with certain conditions.7. Accordingly, the 1st petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Krishnagiri, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, and on proof of payment of deposits, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] if the 1st petitioner fails to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled; Page No.4 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19777 of 2025[b] the sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;[c] the 1st petitioner shall donate 100 bags of rice containing 50 kilograms to the following places:(1) Aaradhana Social Service and Skill Development Trust, Sakthi Sadhan Home, Nehru Nagar, Hosur – 635 109, Krishnagiri District. Contact No.9894127405. Aaradhana Social Service and Skill Development Trust, Account No.6477837929, Indian Bank Branch NGGO's Colony, IFSC Code : IDIB000N161; (2) Orphanage Name: Sri Saradashwaram Children Home. Address : near Lakshmi Narashimhar Temple Therpettai Denkanikottai 635 107, Account No.0213104000357180, IDBI Hosur, Contact No.9442526598; (3) Orphanage Name: Sri Sarada Vocational Training Center (MR) Home. Address: D/on 6/214 Dhasarcepalli – Zeemangalam Bagalur Hosur (TK), Hosur – 635103. A/c.No.0213104000356046 / IDBI Bank Hosur, Contact No.9442526598.(4) Orphanage Name: Abala Mentally ill Women. Address : Opp. Samathuvapuram Bagalur Road, Hosur – Page No.5 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19777 of 2025635 103, A/c.No.39231146960 SBI Hosur Contact No.94425226598.[d] the 1st petitioner shall report before the respondent Police for a period of two weeks and thereafter, as and when required for further interrogation; [e] the 1st petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial;[f] the 1st petitioner shall make himself available for interrogation by a Police office as and when required;[g] the 1st petitioner to give an undertaking that if required for being identified by witnesses during investigation or for Police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;[h] the 1st petitioner shall not abscond either during investigation or trial;[i] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the 1st petitioner in accordance with law as if the conditions have been imposed and the 1st 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];Page No.6 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19777 of 2025[j] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS. 31.07.2025cdaTo1.The Judicial Magistrate-I, Krishnagiri.2.The Inspector of Police, Krishnagiri Police Station, CSCID – Chennai.3.The Public Prosecutor, Madras High Court, Chennai.Page No.7 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19777 of 2025 M.NIRMAL KUMAR, J.cdaCrl.O.P.No.19777 of 202531.07.2025Page No.8 of 8

Crl.O.P.No.19777 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 31.07.2025CORAMTHE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Crl.O.P.No.19777 of 20251.Lokesh Kumar2.Syed Vaseeulla3.Madhusudhan.. Petitioners/A1, 3 & 4Vs.The State Rep. By itsThe Inspector of Police,Krishnagiri Police Station,CSCID – Chennai.(Crime No.136 of 2025).. RespondentPRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on anticipatory bail in the event of their arrest in Crime No.136 of 2025 on the file of the Inspector of Police, Krishnagiri Police Station, CSCID-Chennai/respondent police.For Petitioners: Mr.T.ShanmugamFor Respondent: Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)Page No.1 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19777 of 2025ORDERThe petitioners were apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 6(4) of Tamil Nadu Scheduled Commodities (RDCS) Order, 1982 and 7(1)(a)(ii) of Essential Commodities Act, 1982 in Crime No.136 of 2025, seeks anticipatory bail.2. Mr.T.Shanmugam, learned counsel for the petitioners submitted that he filed Crl.O.P.No.19777 of 2025 on 09.07.2025. The case was initially listed for hearing on 28.07.2025 and subsequently posted on 31.07.2025, and he had filed on behalf of all three accused. However, for some reason, the case has not been listed. In the meanwhile, Crl.O.P.Nos.20469 & 20470 of 2025 were filed by the two accused, namely Madhusudhan and Syed Vaseeulla on 17.07.2025. The said criminal original petitions were listed for hearing on 24.07.2025, and anticipatory bail was granted to them. In view of the same, the learned counsel submitted that he has to cut a sorry figure before the referring counsel from the Lower Court and that his reputation is now at stake due to the mistake of others. Page No.2 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19777 of 20253. Learned Government Advocate (Crl.Side) appearing for the respondent Police sought an apology and submitted that it is his duty to inform this Court about the pendency of an earlier petition. He further submitted that since the instructing police have not informed about the pendency of the earlier bail petition, appropriate instructions should be given to the reporting police in the future to provide full detail and particulars about the pendency of the earlier bail petition or similar bail petitions for the same petitioners.4. Heard both sides and perused the materials available on record.5. Considering the facts and circumstances of the case, this Court understands the difficulty faced by Mr.T.Shanmugam, Advocate. The Registry shall be careful while numbering the petition in the future, and if such an event is repeated, appropriate action will be taken against the concerned person.6. In view of the above, since the anticipatory bail has already been granted to 2nd and 3rd petitioners, this Criminal Original Petition is Page No.3 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19777 of 2025dismissed as infructuous as against 2nd and 3rd petitioners. However, considering the facts and circumstances of the case and also considering the fact that the co-accused has already been granted anticipatory bail, this Court is inclined to grant anticipatory bail to the 1st petitioner with certain conditions.7. Accordingly, the 1st petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Krishnagiri, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, and on proof of payment of deposits, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] if the 1st petitioner fails to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled; Page No.4 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19777 of 2025[b] the sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;[c] the 1st petitioner shall donate 100 bags of rice containing 50 kilograms to the following places:(1) Aaradhana Social Service and Skill Development Trust, Sakthi Sadhan Home, Nehru Nagar, Hosur – 635 109, Krishnagiri District. Contact No.9894127405. Aaradhana Social Service and Skill Development Trust, Account No.6477837929, Indian Bank Branch NGGO's Colony, IFSC Code : IDIB000N161; (2) Orphanage Name: Sri Saradashwaram Children Home. Address : near Lakshmi Narashimhar Temple Therpettai Denkanikottai 635 107, Account No.0213104000357180, IDBI Hosur, Contact No.9442526598; (3) Orphanage Name: Sri Sarada Vocational Training Center (MR) Home. Address: D/on 6/214 Dhasarcepalli – Zeemangalam Bagalur Hosur (TK), Hosur – 635103. A/c.No.0213104000356046 / IDBI Bank Hosur, Contact No.9442526598.(4) Orphanage Name: Abala Mentally ill Women. Address : Opp. Samathuvapuram Bagalur Road, Hosur – Page No.5 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19777 of 2025635 103, A/c.No.39231146960 SBI Hosur Contact No.94425226598.[d] the 1st petitioner shall report before the respondent Police for a period of two weeks and thereafter, as and when required for further interrogation; [e] the 1st petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial;[f] the 1st petitioner shall make himself available for interrogation by a Police office as and when required;[g] the 1st petitioner to give an undertaking that if required for being identified by witnesses during investigation or for Police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;[h] the 1st petitioner shall not abscond either during investigation or trial;[i] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the 1st petitioner in accordance with law as if the conditions have been imposed and the 1st 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];Page No.6 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19777 of 2025[j] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS. 31.07.2025cdaTo1.The Judicial Magistrate-I, Krishnagiri.2.The Inspector of Police, Krishnagiri Police Station, CSCID – Chennai.3.The Public Prosecutor, Madras High Court, Chennai.Page No.7 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19777 of 2025 M.NIRMAL KUMAR, J.cdaCrl.O.P.No.19777 of 202531.07.2025Page No.8 of 8