Nallamani v. State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :21.01.2025

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Nallamani ... Petitioner Vs.

State represented by The Inspector of Police, CSCID, Chennai Police Station, (Crime No. 464 of 2024) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.464 of 2024 pending on the file of the Inspector of Police, CSCID Chennai, Tiruvallur District.

For Petitioner :

Mr.S.Kasikumar For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

Petition seeking bail in respect of Crime No.464 of 2024 registered for the offences punishable under Sections 4, 19, 10 of Tamil Nadu Essential Trade Articles (Regulation of Trade) Order, 1984, 7(1)(a)(ii) Essential Commodities Act 1955 is on board for consideration.

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2.The incarceration of the petitioner being from 20.12.2024 pleading innocence on the part of the petitioner and false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He further submits that the petitioner was granted a license for polishing rice and supplying it to Ramnad District, civil supplies, however, based on false allegations that the petitioner sold the rice to a third party, a fabricated case has been registered against him. He also submits that the petitioner is no way connected with the alleged offences and he is ready to abide by any stringent condition that may be imposed by this court. 3.

The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the petitioner along with other accused was found to be involved in illegal transportation of 23000 kgs of PDS rice worth about Rs.1,29,950/- 4.Having heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record and considering the period of incarceration undergone by the petitioner, this court is inclined to grant bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.

Judicial Magistrate No.1, Tiruvallur, Tiruvallur District and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; [b] the petitioner shall report before the respondent Police, everyday at 10.30 a.m., for a period of one week and thereafter, on every Saturday at 10.30 a.m., until further orders; [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the 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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

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A.D.JAGADISH CHANDIRA, J.

sai To 1.

The Judicial Magistrate No.I, Tiruvallur, Tiruvallur District 2.

The Inspector of Police, CSCID, Chennai Police Station.

3.

The Superintendent, Sub Jail, Tiruvallur.

4.

The Public Prosecutor, High Court of Madras.

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