Jayavelraja v. State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17-03-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN Jayavelraja, S/o, Ramachandran, No.1/201, Vembankudi East, Keeramangalam, Aranthangi Taluk, Pudukottai - 614624.
...Petitioner/A9
Vs State Rep. By, The Inspector of Police, CSCID Coimbatore Police Station, Coimbatore, (In Crime No.55/2026)
...Respondent/
Complainant Prayer : Criminal Original Petition filed under Section 482 of BNSS, to enlarge the petitioner on anticipatory bail in the event of arrest in Crime No.55 of 2026 on the file of the Respondent.
For Petitioner :
Mr.R.Karthick Sevugapperumal For Respondent:
Mr.P.Dhileepan Government Advocate (Crl.Side)
ORDER
The petitioner/A9, who apprehends arrest for the alleged offences under Sections 19(c)(v) and 25 of the Fertilizer (Control) Order, 1985, and under
Section 7(1)(a)(ii) of the Essential Commodities Act, 1955, in Crime No.55 of 2026 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner/A9, along with other accused persons, attempted to transport essential commodities, namely Bharath urea, in contravention of the provisions of the Essential Commodities Act. Hence, the case.
3. The learned counsel appearing for the petitioner/A9 submitted that the petitioner is innocent and, based on the confession of the co-accused, the petitioner has been implicated in this case and that the co-accused has already been enlarged on anticipatory bail in Crl.O.P.No.6364 of 2026 dated 12.03.2026. He further submitted that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court. Hence, he prays for a grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and contended that even though the urea was recovered, the quantity involved in this case is vast. Hence, he opposed to grant anticipatory bail to the petitioner.
5.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent.
6. According to the petitioner, he has been implicated in this case based upon the confession of A1 to A3. Whereas A1 to A3, were already enlarged on bail, and while looking at the date of occurrence, the same is on 23.02.2026. Therefore, this Court is of the view that at this length of time, no custodial interrogation of the petitioner is necessary. Hence, considering the fact that the co-accused was already been released on bail, this Court is inclined to grant anticipatory bail to the petitioner subject to certain conditions.
7. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate No.IV, Kovai, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a) If the petitioner fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;
(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;
(c) The petitioner shall sign before the respondent police twice a day at 10.30 a.m., and 5.30 p.m., for a period of eight weeks and thereafter, as and when required for interrogation;
(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];
(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.
17-03-2026 dk
To
1. The Judicial Magistrate No.IV, Kovai.
2. The Inspector of Police, CSCID Coimbatore Police Station, Coimbatore,
3. The Public Prosecutor, High Court of Madras.
C.KUMARAPPAN, J.
dk CRL OP No. 6806 of 2026 17-03-2026