Ramamoothy v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.03.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN S.Ramamoorthy

...Petitioner/Accused 1

Vs.

State rep by The Inspector of Police, CSCID, Chennai Unit (North), Chennai.

(Crime No.38 of 2025) ...

Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.38 of 2025 pending investigation on the file of the respondent police. For Petitioner :

Mr.R.Premanandhan For Respondent :

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

ORDER

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 06.02.2025, seeking bail in Crime No.38 of 2025 registered for the offence under Sections 6(4) of the Page No.1 of 6

TN Scheduled Commodities (RDCS) Order 1982 and Section 7(1)(a)(ii) of Essential Commodities Act, 1955.

2.It is the case of the prosecution that the petitioner along with the other accused was found to be in illegal possession of 2000 kgs of PDS rice. Hence, the case.

3.The learned counsel for the petitioner would submit that the allegations are false and that the contraband has been seized and in any case, considering the period of incarceration undergone by the petitioner from 06.02.2025, he may be released on bail.

4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that there are three previous cases pending against the petitioner and the contraband has been seized. 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.

Page No.2 of 6

6.Considering the nature of allegations, period of incarceration and the fact the petitioner is on bail all the other cases and the contraband has been seized and since further custody of the petitioner is not required for the purpose of investigation, 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.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the VI Metropolitan Magistrate, Egmore, Chennai, 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., 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 Page No.3 of 6

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 B.N.S.

04.03.2025 ata Copy to:

Page No.4 of 6

1.The Inspector of Police, CSCID, Chennai Unit (North), Chennai.

2.The VI Metropolitan Magistrate, Egmore, Chennai. 3.The Superintendent of Prison, Central Prison, Puzhal.

4.The Public Prosecutor, High Court, Madras.

SUNDER MOHAN, J.

ata Page No.5 of 6

04.03.2025 Page No.6 of 6