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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN 1.

Sumathi 2.

Jayalakshmi petitioners/A3 & A4 Vs State Rep By, The Inspector Of Police CSCID Police, Tirupattur Unit, Tirupattur District.

(Cr.No 19 of 2025) Respondent Prayer:

Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioners / Accused on anticipatory bail in the event of arrest in Crime No. 19 of 2025 pending on the file of the respondent police.

For petitioners: Mr.K.Sathish Kumar For Respondent:Mr.S.Santhosh, Government Advocate (Crl.Side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 6(4) of the TNSC (RDCS) order 1982, r/w 7(1)a(ii) of the E.C.Act 1955 in Crime No. 19 of 2025, on the file of the respondent police, seek anticipatory bail.

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2.

The case of the prosecution is that the co-accused/A1 was found in possession of 26 bags of PDS rice each containing 40kgs weighing1040 kgs in total and the petitioners were implicated on the confession of the co-accused/A1.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case; and prayed for anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioners, reiterated the prosecution case and on instructions submitted that there is one previous case against the second petitioner and the third petitioner has no bad antecedents.

5. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) for the respondent and also perused the materials available on record.

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6.

Taking note of the facts and circumstances of the case, the nature of allegations, submissions made by the learned counsels on either side, the fact that the contraband were seized, the second petitioner is on bail in the other case and the third petitioner has no bad antecedents, the petitioners have been implicated on the confession of the co-accused/A1 and since, custodial interrogation is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate No.IV, Vellore, Vellore District on condition that the petitioners shall execute a separate 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 condition that:

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[a] the petitioners 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 petitioners shall report before the respondent police every day at 10:30 a.m., until further orders; [c]the petitioners shall not tamper with evidence or witness either during investigation or trial. [d]the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.

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To 1.The Inspector Of Police CSCID Police, Tirupattur Unit, Tirupattur District.

(Cr.No 19 of 2025) 2.The Judicial Magistrate No.IV, Vellore, Vellore District 3.The Public Prosecutor, High Court Madras.

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SUNDER MOHAN, J.

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