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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Dhanalakshmi W/o.Nehruji Rao ... Petitioner /Accused-4 Vs.

The State rep. by The Inspector of Police, CSCID, Ranipet, Ranipet District.

... Respondent/ Complainant (Crime No.11 of 2025) Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, to grant anticipatory bail to the petitioner in the event of arrest in Crime No.11 of 2025 by the respondent Police. For petitioner : Mr.D.Balaji For Respondent : Mr.S.Balaji, Government Advocate (Crl.Side) Page No.1 of 6

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 6(4) of TNSC (RDCS) Order, 1982 r/w Section 7(1)(a)(ii) of Essential Commodities Act, 1955, in Crime No.11 of 2025, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner, along with the other accused, was found in illegal transportation of 1550 Kgs of PDS rice in a Lorry bearing Registration No.TN-57-Y-7999. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and that there is no previous case pending against her. He would further submit that the contraband was also seized and hence, he prays for grant of anticipatory bail.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police would submit that the petitioner is the Manager of the Page No.2 of 6

civil supply godown and that she has been already suspended from service. He would further submit that the contraband was seized and that co-accused in this case have been arrested and still in custody 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 and perused the materials available on record.

6. Considering the fact that the petitioner is the lady, nature of allegations and that co-accused have been secured and still in custody and the fact that the contraband was already seized and since the custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the Page No.3 of 6

date of receipt of copy of this order, before the Judicial Magistrate No.4, Vellore, Vellore District, on condition that the petitioner shall execute a bond for 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 said Magistrate, on further condition 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., 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 Page No.4 of 6

himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala reported in [(2005)AIR SCW 5560];

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

12.02.2025 ata To

1. The Inspector of Police, CSCID, Ranipet, Ranipet District.

2. The Public Prosecutor, Madras High Court, Chennai.

3. The Judicial Magistrate No.4, Vellore, Vellore District. Page No.5 of 6

SUNDER MOHAN, J.

ata 12.02.2025 Page No.6 of 6