Supreme Court in P.K. Shaji v. State of Kerala

CRL OP(MD). No.19048 of 2024BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 27/03/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP(MD). No.19048 of 2024Ramesh,No. 5/91 Thottathu Vilai Kappiyari Karungal, Kanniyakumari District. ... Petitioner/Accused No.1 Vs1. State of Tamilnadu,The Inspector of Police, Civil Supplies CID, Kanniyakumari District in Cr.No. 247/2024.2. The Superintendent of Police,Civil Supplies C.I.D,Madurai. (R2 suo-motu impleaded as Per Common Order of the Court dated 20.11.2024 in Crl.OP.(MD).Nos.19048, 19169, 19100, 19108,19738, 19056, 19054 of 2024). ... Respondents/Complainants For Petitioner : Mr.R.Anand, Advocate for Mr.K.Sathish Kumar, Advocate1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.19048 of 2024 For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSSPRAYER :- For Anticipatory Bail in Crime No.247/2024 on the file of the respondent policeORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 04.11.2024under 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 the TNSC (RDCS) Order, 1982 r/w.Section 7(1)(a)(ii) of the Essential Commodities Act, 1955, in Crime No.247 of 2024on the file of the first respondent. 3. The case of the prosecution is that on 28.10.2024, the defacto complainant / theInspector of Police, along with his team conducted an inspection. During theinspection, they intercepted a lorry bearing Registration No.KL-74-C-0770. Thedriver of the vehicle did not stop and attempted to escape. Thereafter, the defactocomplainant chased the vehicle and managed to stop it. Upon conducting a searchin the offending vehicle, they found that the accused persons were transporting2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.19048 of 202417,700 kgs of PDS rice. He was then arrested two accused persons, suddenly, thepetitioner flee from the scene and the PDS rice along with the vehicle was seizedfrom them. Based on the confession given by the arrested accused, the petitionerherein has been arrayed as Accused No.1. Hence, the case was registered.4. Mr.R.Anand, learned counsel for Mr.K.Sathish Kumar, learned counsel onrecord for the petitioner, submits that the petitioner has nothing to do with thealleged offence. He further submits that a false case has been foisted against thepetitioner. He further submits that the petitioner is ready to abide by any conditionto be imposed by this Court. He further submits that the petitioner herein runs a riceshop under the name and style of 'Gomathi Traders' at Parasala, Kerala. Hence, heprays to grant pre-arrest bail to the petitioner.5. Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor appearingfor the respondent-Police, submits that on the alleged date of occurrence, thepetitioner herein has contacted Accused Nos.2, 4 and 6 over mobile. He furthersubmits that totally there are 13 accused persons in this case and the petitioner hasbeen arrayed as Accused No.1. He further submits that the petitioner along withother accused persons have illegally transported huge quantity of 17,700 kgs of PDSrice. He further submits that the alleged lorry and PDS rice have been seized by therespondent-Police. He further submits that the custodial interrogation of the3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.19048 of 2024petitioner is necessary in this case. Hence, he vehemently opposes to grant pre-arrestbail to the petitioners.6. Heard on both sides. This Court has perused the records and the statusreport filed by the respondent-Police. 7. The petitioner has permanent residence and deep roots in the society andtherefore, there is less possibility for absconding. Considering the same, and alsoconsidering the fact that the alleged rice and the vehicle have been seized by therespondent-Police, the custodial interrogation of the petitioner may not be necessaryfor the investigating agency, and with a view to give an opportunity to thepetitioner to reform himself, this Court is inclined to grant an order of pre-arrest bailto the petitioner subject to the following 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 II, Nagercoil, within aperiod of 15 days from date on which the order copy is made ready, on executing abond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) along with twosureties, each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand only) tothe satisfaction of the learned Judicial Magistrate II, Nagercoil;(ii) The sureties shall affix their photographs and left thumb impression in theApplication for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.19048 of 2024Practice, 2019']. The learned Judicial Magistrate II, Nagercoil, shall obtain a copy ofany one of identity proofs to ensure their identity; (iii) The petitioner shall appear and sign before the respondent-Police daily at10.30 a.m., until further orders;(iv) The petitioner shall make himself available for interrogation by a policeofficer as and when required;(v) The petitioner shall not, directly or indirectly, make any inducement, threator promise to any person acquainted with the facts of the case so as to dissuade himfrom disclosing such facts to the Court or to any police officer;(vi) The petitioner shall not leave India without the previous permission of theCourt;(vii) The petitioner shall furnish his residential address and mobile number tothe learned Judicial Magistrate II, Nagercoil; (viii) The petitioner shall not, directly or indirectly, cause any threat to thewitnesses and shall not tamper the evidence; and(ix) On breach of any of the aforementioned conditions, the learned JudicialMagistrate II, Nagercoil or Trial Court, as the case may be, is entitled to passappropriate orders against the petitioner in accordance with law as if theaforementioned conditions are imposed by him as laid down by the Hon'ble5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.19048 of 2024Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283]. 8. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 27/03/2025 / 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 II, Nagercoil.2.Do Through The Chief Judicial Magistrate, Kanyakumari at Nagercoil.3.The Inspector of Police, Civil Supplies CID, Kanniyakumari District.6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.19048 of 20244.The Superintendent of Police, Civil Supplies C.I.D, Madurai. 5.The Additional Public Prosecutor,Madurai Bench of Madras High Court, Madurai.+1 CC to M/s.K.SATHISH KUMAR, Advocate ( SR-3657[I] dated 28/03/2025 ) ORDER IN CRL OP(MD) No.19048 of 2024 Date :27/03/2025 PP/12.05.2025 7P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7