High Court · 2025

CRL.OP(MD). No.5331 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 25.03.2025PRESENTTHE HON'BLE MR.JUSTICE R.SAKTHIVELCRL.OP(MD). No.5331 of 20251.Balamanikandan @ Kotturmani2.Sangilipandi... Petitioners / Accused Nos.1 & 2Vs.The State of Tamil Nadu rep byThe Inspector of Police,Civil Supplies C.I.D.,Virudhunagar District.(Crime No.17 of 2024)... Respondent / ComplainantPRAYER :- The Criminal Original Petition filed under Section 482 of the BharatiyaNagarik Suraksha Sanhita (BNSS), 2023 praying to grant pre-arrest bail to thepetitioners in Crime No.17 of 2024 on the file of the respondent-police.For Petitioners : Mr.M.Prabu, AdvocateFor Respondent:Mr.K.Sanjai Gandhi,Government Advocate(Criminal Side)1/6 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.5331 of 2025ORDER : The Court made the following order :-This Criminal Original Petition has been filed by the petitioners on 19.03.2025under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, prayingto grant an order of pre-arrest bail.2. The petitioners apprehend arrest at the hands of the respondent-Police forthe offences punishable under Clause 6(4) of TNSC (RDCS) Order 1982 read withSection 7(1)(a)(ii) of the Essential Commodities, 1955, in Crime No.17 of 2024 on thefile of the respondent-police.3. The case of the prosecution is that the petitioners along with other accusedpersons have illegally transported 178 bags of PDS rice (each containing 40 kgs).Thereby, a case has been registered against them.4. Mr.M.Prabu, the learned counsel appearing for the petitioners, submits thatthe petitioners are innocent persons and have not committed any offence as allegedby the prosecution. He further submits that a false case has been foisted against thepetitioners and that there are no previous cases against them. He also submits thatthe petitioners had previously filed a pre-arrest bail petition, which was allowed on12.02.2024 in Crl.O.P.(MD) No. 2141 of 2024, subject to the condition that they shallpay a sum of Rs.75,000/- in favour of the Headmaster, Government Girls HigherSecondary School, Sulakkarai Main Road, Virudhunagar. However, due to ill health2/6 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.5331 of 2025and their travel to other states for labour work to sustain their livelihood, they wereunable to arrange sureties within the time frame fixed by this Court. Therefore, thepresent petition has been filed. He further submits that the petitioners, withoutprejudice to their rights, are now ready to pay Rs.75,000/- to the Government GirlsHigher Secondary School, Sulakkarai Main Road, Virudhunagar, for theconstruction of a toilet and other facilities. He further submits that the petitionersare also ready to abide by any other conditions that may be imposed by this Court.Hence, he prays for the grant of pre-arrest bail to the petitioners.5. Per contra, Mr.K.Sanjai Gandhi, the learned Government Advocate(Criminal Side) appearing for the respondent-Police, submits that the petitionershad already filed a pre-arrest bail petition, which was allowed on 12.02.2024 inCrl.O.P.(MD) No. 2141 of 2024. However, the petitioners failed to comply with theconditions imposed in that order. Consequently, they have filed the present petitionseeking pre-arrest bail. He further submits that if this Court grants pre-arrest bail tothe petitioners, again they will not comply the conditions and thereby, delay theinvestigation. Hence, he prays for dismissal of this Criminal Original Petition.6. Heard on both sides. This Court has perused the records. 7. In view of the fact that the earlier order of pre-arrest bail stood dismisseddue to the failure of the petitioners to comply with the conditions imposed therein,3/6 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.5331 of 2025and considering that the petitioners are now ready to deposit a sum of Rs. 75,000/-(Rupees Seventy-Five Thousand only), which was one of the conditions previouslystipulated, this Court is of the opinion that the petitioners may be granted one moreopportunity. Considering the same and also considering the nature of the offencealleged against the petitioners, this Court is inclined to grant an order of pre-arrestbail to the petitioners subject to the following conditions:(i) The petitioners shall be released on bail in the event of their arrest or in theevent of their surrender before the learned Judicial Magistrate No.I, VirudhunagarDistrict, within a period of 15 days from the date on which the order copy is madeready, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only)each along with two sureties each for a like sum of Rs.10,000/- (Rupees TenThousand only) to the satisfaction of the learned Judicial Magistrate No.I,Virudhunagar District.(ii) The sureties shall affix their photographs and left thumb impression in theApplication for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules ofPractice, 2019']. The learned Judicial Magistrate shall obtain a copy of any one ofidentity proofs to ensure their identity. (iii) The petitioners shall pay jointly a sum of Rs.75,000/- (Rupees SeventyFive Thousand only) to the credit of the Head Master, Government Girls Higher4/6 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.5331 of 2025Secondary School, Sulakkarai Main Road, Virudhunagar within a period of onemonth from today. They shall also file a proof of payment to the learned JudicialMagistrate or Trial Court.(iv) The petitioners shall appear and sign before the respondent-police as andwhen required for interrogation.(v) The petitioners shall not, directly or indirectly, make any inducement,threat or promise to any person acquainted with the facts of the case so as todissuade him from disclosing such facts to the Court or to any police officer.(vi) The petitioners shall also not, directly or indirectly, cause any threat to thedefacto complainant and witnesses and shall not tamper the evidence.(vii) The petitioners shall not leave India without the previous permission ofthe Court.(viii) The petitioners shall furnish their residential address and mobile numberto the concerned Magistrate.(ix) On breach of any of the aforementioned conditions, the learned JudicialMagistrate or Trial Court, as the case may be, is entitled to pass appropriate ordersagainst the petitioners in accordance with law as if the aforementioned conditionsare imposed by him as laid down by the Hon'ble Supreme Court in P.K. Shaji vs.State of Kerala [(2005) 13 SCC 283]. 5/6 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.5331 of 20258. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 25/03/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. pal To1 THE JUDICIAL MAGISTRATE NO.I,VIRUDHUNAGAR DISTRICT.2 THE CHIEF JUDICIAL MAGISTRATEVIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.3.The Inspector of Police, Civil Supplies C.I.D.,Virudhunagar District.4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.COPY TO:The Head Master, Government Girls Higher Secondary School, Sulakkarai Main Road, Virudhunagar ORDER IN CRL OP(MD) No.5331 of 2025 Date :25/03/2025 MK/SAR /16.04.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6