Santhosh @ Santhosh Kumar v. The State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 07.02.2025
CORAM:
THE HON`BLE MR.JUSTICE SUNDER MOHAN CRL O.P. No.3151 of 2025 Santhosh @ Santhosh Kumar S/o. (Late) Munivenkatappa
...Petitioner
Vs The State Rep by, The Inspector of Police, CSCID Police, Ranipet Unit, Ranipet District (Crime No.09 of 2025)
...Respondent
PRAYER: - The Criminal Original Petition is filed under Section 482 of B.N.S.S., 2023, praying to enlarge the petitioner on bail in the event of his arrest in Crime No.09 of 2025 on the file of the respondent police. For Petitioner : Mr.K. Sathish Kumar For Respondent : Mr. S. Balaji Government Advocate [Criminal side] Page No.1 of 7
ORDER
The petitioner / Accused-5, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 6(4) of TNSC (RDCS) order 1982, r/w 7(1) a (ii) of E.C. Act 1955, in Crime No.09 of 2025, seeks anticipatory bail.
2. The case of the prosecution is that, while the respondent was on a regular patrol near GG Motors at Arakkonam-Kancheepuram Road, they found two vehicles, bearing registration No.TN73 AW 8193 (Ashok Leyland Dost) and TN 05 CC 8188 (Mini Eicher), carrying 6000 kgs of PDS rice illegally. The respondent seized the said vehicle and the PDS rice and registered FIR against the accused persons including the present petitioner.
3. Learned counsel for the petitioner would submit that the petitioner is no way connected with the said offence; that the petitioner was arrayed as an accused based on the confession of A3 and that the petitioner does not Page No.2 of 7
know A3. He also submitted that without prejudice of the defence, the petitioner is ready to deposit an amount of Rs.20,000/- towards any charitable organization or association, and to abide by any conditions that may be imposed by this Court, and therefore, he prayed to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) would submit that the respondent police seized 6000 kgs of PDS rice and the vehicles that were used to transport the same; that based on the confession of A3 that the present petitioner is the receiver of rice in Karnataka, he has been implicated in the present case and that no previous case is pending against the petitioner.
5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent police and perused the materials available on record.
6. Considering the nature of allegations, the fact that there is no Page No.3 of 7
previous case pending against the petitioner and taking into consideration the voluntary submission made by the petitioner offering to deposit a considerable amount to any charitable organization or association, this Court is inclined to grant anticipatory bail to the petitioner on certain conditions.
7. Accordingly, the petitioner is directed to deposit a sum of Rs.20,000/- (Rupees Twenty thousand only) to the credit of District Legal Services Authority, Ranipet District, and on such deposit, the petitioner is ordered to be released on bail in the event of arrest or on his appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.IV, Vellore, Vellore District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties each for a like sum to the satisfaction of the respondent Police or the Police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that:
Page No.4 of 7
[a] the petitioner and 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. [c] the petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders. [d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioner shall not abscond either during investigation or trial. [f] 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].
[g] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.
Page No.5 of 7
07.02.2025 bga SUNDER MOHAN. J., bga To 1.The Judicial Magistrate No.IV, Vellore, Vellore District.
2. The Public Prosecutor, High Court, Madras.
3. The Inspector of Police, CSCID Police, Ranipet Unit, Ranipet District (Crime No.09 of 2025) CRL O.P. No.3151 of 2025 07.02.2025 Page No.6 of 7
Page No.7 of 7