Nataraj @ Karthi v. State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-03-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN Nataraj @ Karthi S/o. Kesavan, No.7 Ramalingam Street, Pollachi.
Petitioner(s) Vs State rep.by, The Inspector of Police, CSCID Unit- (Food Cell) Pollachi Police Station, Pollachi. (Crime No.145 of 2024) Respondent(s) PRAYER To grant an order of Anticipatory Bail for the petitioner in the event of arrest or their surrender before the court, pending investigation in connection with Crime No.145 of 2024 on the file of the respondent For Petitioner(s):
M/s. Regunathan V For Respondent(s):
Mr. S. Santhosh, Government Advocate
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 2(e), 2(f)(vii), 2(f)(ix) of Motor Spirit and High Speed Diesel (Regulation of Supply & Distribution & Prevention) Order 2005, and Section 7 (1) a(ii) of Essential Commodities Act, 1955 in Crime No.145 of 2024, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that, the petitioner was found to be in possession of recycled block oil; that the quantity is 21600 litres worth about Rs.9,07,200/-; that the petitioner is running his business in the name and style of Velmuruga Lubrigance, without valid licence. Hence, the case.
3. Learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case and that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court, and prayed for anticipatory bail to the petitioner.
4. Learned Government Advocate (Crl. Side) appearing for the respondent Police reiterated the prosecution case and submitted that the contraband of 21,600 litres of recycled block oil was seized from the petitioner. He further submitted that the petitioner has no previous case.
5. Considering the nature of allegations, the fact that the petitioner has no bad antecedents and the contraband was seized from the petitioner and since the custodial interrogation of the petitioner is not required, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, 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 copy of this order, before the learned Judicial Magistrate No.II, Pollachi, on condition that the petitioner shall execute 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 said Magistrate, on further condition that: [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.
[b] the petitioner shall report before the respondent police as and when required for interrogation.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [d]the petitioner shall not abscond 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. 05-03-2025 AT Index:Yes/No
To 1.State rep.by, The Inspector of Police, CSCID Unit- (Food Cell) Pollachi Police Station, Pollachi. (crime No.145 of 2024)
SUNDER MOHAN, J.
AT Crl.O.P.No.6181 of 2025 05.03.2025