High Court · 2025

CRL OP(MD). No.19108 of 2024BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 27/03/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP(MD). No.19108 of 2024Ramesh,No. 5/91 Thottathu Vilai Kappiyari, Karungal, Kanniyakumari District. ... Petitioner/Accused No.1 Vs1.The State of Tamil Nadu,Rep. by the Inspector of Police,Civil Supplies CID,Nagercoil,Kanniyakumar District.Crime No. 249/20242. 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/Complainants1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.19108 of 2024 For Petitioner : Mr.R.Anand, Advocate for Mr.Sathish Kumar K, Advocate For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSSPRAYER :- For Anticipatory Bail in Crime No. 249 of 2024 on the file of the Respondent-police.ORDER : 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 TNCSC (RDCS) Order, 1982 r/w.Section 7(1)(a)(ii) of the Essential Commodities Act, 1955, in Crime No.249 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 one car. The driver of the vehicle did not stop andattempted to escape. Thereafter, the defacto complainant chased the vehicle and2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.19108 of 2024managed to stop it. Upon conducting a search in the offending vehicle, they foundthat the driver was transporting 3600 kgs of PDS rice. He was then arrested, and thePDS rice along with the vehicle was seized from him. Based on the confession givenby the driver of the vehicle, the petitioner herein 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 the petitioner is ready to abide by anycondition to be imposed by this Court. He further submits that the petitioner hereinruns a rice shop under the name and style of 'Gomathi Traders' at Parasala, Kerala.He further submits that the Inspector of Police in the Kaliakavilai Police Stationdemanded money from him. When the petitioner refused to give money, on27.10.2024, the Inspector of Police along with police officials, came to the shop of thepetitioner and illegally took a sum of Rs.1,00,000/-, some articles worth aboutRs.2,00,000/-, 5000 kgs of rice and three cars belonging to him. He further submitsthat due to previous motive, five false cases have been registered against thepetitioner. Hence, he prays 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, the3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.19108 of 2024petitioner herein has contacted other accused persons over mobile. He furthersubmits that totally there are 5 accused persons in this case. He further submits thatthe petitioner along with other accused persons have illegally transported hugequantity of 3600 kgs of PDS rice. He further submits that the alleged car and PDSrice have been seized by the respondent-Police. He further submits that thecustodial interrogation of the petitioner is necessary in this case. Hence, hevehemently opposes to grant pre-arrest bail 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 a4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.19108 of 2024bond 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 ofPractice, 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 the5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.19108 of 2024witnesses 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'bleSupreme 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 District at Nagercoil.3.The Inspector of Police, Civil Supplies CID, Nagercoil, Kanniyakumari District.4.The Superintendent of Police, Civil Supplies C.I.D,6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.19108 of 2024 Madurai. 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.19108 of 2024 Date :27/03/2025 PP/12.05.2025 7P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7