High Court · 2025

CRL OP(MD). No.7836 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 28/04/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP(MD). No.7836 of 2025Hakkim ... Petitioner/Accused No.1 VsThe State of Tamil Nadu,Rep. by the Inspector of Police,Dindigul Police Station,CSCID, Madurai.(In Crime No.47 of 2025). ... Respondent/Complainant For Petitioner : Mr.S.Ramasamy, Advocate. For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS, 2023PRAYER :- For Anticipatory Bail in Crime No.47 of 2025 on the file of the Respondent-police.1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7836 of 2025ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 24.04.2025under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grantan order of Pre-arrest bail. 2. The petitioner apprehends arrest at the hands of the respondent-Police forthe offences punishable under Section 6(4) of TNSC (RDCS) Order, 1982 r/w.Section 7(1)(a)(ii) of EC Act, 1955, in Crime No.47 of 2025 on the file of therespondent-police. 3. The case of the prosecution is that on 07.03.2025, the defacto complainant / theInspector of Police, along with his team conducted an inspection. During theinspection, they intercepted a lorry and they found that Accused No.6 wastransported 19.300 kgs of PDS rice in that vehicle. The police arrested Accused No.6and seized PDS rice and the alleged vehicle from him. Based on the confessiongiven by Accused No.6, the petitioner has been arrayed as Accused Nos.1. Hence,the case.4. Mr.S.Ramasamy, learned counsel appearing for the petitioner, submits thatthe petitioner has nothing to do with the alleged offence, and that a false case hasbeen foisted against the petitioner. He further submits that Accused Nos.3, 5 and 6were granted pre-arrest bail by this Court in Crl.O.P.(MD).No.4623 of 2025 dated2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7836 of 202512.03.2025 and Accused No.2 was granted pre-arrest bail by this Court in Crl.O.P.(MD).No.5089 of 2025 on 20.03.2025. He would further submit that the petitioner,without prejudice to his rights, is ready to deposit a sum of Rs.1,50,000/- (RupeesOne Lakh and Fifty Thousand only) to the Government Model Girls HigherSecondary School, Ulaganeri, Y.Othakadai, Madurai, for the welfare of the studentsstudying in the School. Hence, he prays to grant pre-arrest bail to the petitioners.5. Mr.K.Sanjai Gandhi, learned Government Advocate (Criminal Side)appearing for the respondent-Police, submits that totally there are three previouscases pending against the petitioner, which are similar in nature and he is a historysheeted rowdy in H.S.No.1 of 2025 maintained by the CSCID, Uthamapalayam. Hefurther submits that the petitioner herein has transported huge quantity i.e., 19.300kgs of PDS rice, worth about Rs.1,50,000/-. He further submits that the alleged lorryand PDS rice have been recovered by the respondent-Police. He further submits thatthe investigation has been completed in this case. However, he vehemently opposesto grant bail to the petitioners.6. Heard on both sides. This Court has perused the records. 7. Considering the facts and circumstances of the case, and the nature of theoffence alleged against the petitioner, and also considering the fact that thepetitioner has permanent residence and deep roots in the society and therefore, there3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7836 of 2025is less possibility of absconding and taking note of the fact that, since theinvestigation has been completed in this case, the custodial interrogation of thepetitioner is not necessary for the investigating agency and considering theundertaking given by the petitioner that he shall deposit some amount to theGovernment Model Girls Higher Secondary School, Ulaganeri, Y.Othakadai,Madurai, and also with a view to give an opportunity to the petitioner to reformhimself, this Court is inclined to grant pre-arrest bail to the petitioner subject to thefollowing conditions: (i) The petitioner shall be released on bail in the event of his arrest or in theevent of his surrender before the learned Judicial Magistrate III, Dindigul, within aperiod of 30 days from the date on which the order copy is made ready, onexecuting a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) along withtwo sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousand only) to thesatisfaction of the learned Judicial Magistrate III, Dindigul;(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 III, Dindigul, shall obtain a copy ofany one of identity proofs to ensure their identity;4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7836 of 2025(iii) The petitioner shall appear and sign before the respondent-Police weeklytwice (i.e., on Monday and Friday) at 10.30 a.m., until further orders.(iv) As per the undertaking given by the petitioner, the petitioner shall make aDemand Draft for a sum of Rs.1,50,000/- (Rupees One Lakh and Fifty Thousandonly) in favour of the Headmaster, Government Model Girls Higher SecondarySchool, Ulaganeri, Y.Othakadai, Madurai, within a period of thirty days from today(i.e., on 28.04.2025) and the petitioner is further directed to produce the copy of theDemand Draft at the time of execution of sureties before the concerned learnedJudicial Magistrate and thereafter, sureties shall be accepted. (v) The petitioner shall make himself available for interrogation by a policeofficer as and when required.(vi) The petitioner 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.(vii) The petitioner shall not, directly or indirectly cause threat to the witnessesand shall not tamper with the evidence.(viii) The petitioner shall not leave India without the previous permission ofthe Court.5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7836 of 2025(ix) The second petitioner shall furnish his residential address and mobilenumber to the learned Judicial Magistrate III, Dindigul.(x) On breach of any of the aforementioned conditions, the learned JudicialMagistrate III, Dindigul or Trial Court, as the case may be, is entitled to passappropriate orders against the petitioners in accordance with law as if theaforementioned conditions are imposed by him as laid down by the Hon'bleSupreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283]. 8. Accordingly this Criminal Original Petition stands allowed subject to theconditions stated supra. sd/- 28/04/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. TSG TO1 THE JUDICIAL MAGISTRATE NO.IIIDINDIGUL.2 THE CHIEF JUDICIAL MAGISTRATEDINDIGUL DISTRICT.3.The Inspector of Police, Dindigul Police Station, CSCID, Madurai.6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.7836 of 20254.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.COPY TO:THE HEADMASTER,GOVERNMENT MODEL GIRLS HIGHER SECONDARY SCHOOL, ULAGANERI, Y.OTHAKADAI, MADURAI.+1 CC to M/s.S.RAMASAMY, Advocate ( SR-4898[I] dated 28/04/2025 ) ORDER IN CRL OP(MD) No.7836 of 2025 Date :28/04/2025 MK/SAR /02.05.2025 7P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7