Maharajan v. State Rep By, Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2025

CORAM

THE HON'BLE MR. JUSTICE G.K. ILANTHIRAIYAN Maharajan ... Petitioner Vs.

The State Rep. by The Inspector of Police CSCID Police Ranipet Ranipet Unit, Ranipet District (Crime No.11 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, to enlarge the Petitioner on bail in Crime No.11 of 2025, on the file of the respondent Police.

For Petitioner : Mr.M.Sathish Kumar For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 29.01.2025, seeking bail in Crime No.11 of 2025 registered for the offence under Section 6(4) of TNSC (RDCS) order 1982, r/w.7(1)(a)(ii) of Essential Commodities Act 1955. 2.The case of the prosecution is that the Petitioner was found to be 1/4

illegally transported 1550 kgs of PDS rice in a lorry bearing Reg. No.TN 57 Y 7999.

3.Learned counsel appearing for the Petitioner submitted that the Petitioner is an innocent person and he has been falsely implicated in this case. He also submitted that the Petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4.Learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case. The learned Government Advocate further submitted that the petitioner has illegally transported PDS rice worth about Rs.3,58,000/-. 5.Heard the learned counsel appearing 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, period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the Petitioner with certain conditions.

7. Accordingly, the Petitioner is ordered to be released on bail on his executing 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 learned Judicial 2/4

Magistrate IV, Vellore, Vellore 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 deposit 50 kgs of Ponni Rice to Mudhiyor Balar Kudumpa Grama Pannai (MBKG Pannai), Kasam, Katpadi, Vellore District [9843462100].

[c] the Petitioner shall report before the respondent Police, everyday at 10.30 a.m., for a period of 30 days, and thereafter as and when required;

[d] the Petitioner shall not abscond either during investigation or trial;

[e] the Petitioner shall not tamper with evidence or witness 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 absconds, a fresh FIR can be registered under Section 269 of B.N.S.

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G.K. ILANTHIRAIYAN, J.

sai To 1.The Judicial Magistrate IV, Vellore, Vellore District 2.The Inspector of Police, CSCID Police Ranipet, Ranipet Unit, Ranipet District.

3.The Superintendent, Central Prison, Vellore, Vellore District.

4.The Public Prosecutor, High Court of Madras.

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