K.B. Faizan v. State Represented By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-03-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN K.B. Faizan ..Petitioner(s) Vs State represented by The Inspector of Police, CS CID, Coimbatore, (Coimbatore District) Crime No. 55 of 2026 ..Respondent(s) Prayer: Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023 to enlarge the petitioner on bail in the event of his arrest pending investigation in Crime No. 55 of 2026 on the file of the respondent and thus render justice.
For Petitioner(s):
Mr.T.Muruganantham For Respondent(s):
Mr.P.Dhileepan, Government Advocate (Crl.Side)
ORDER
The petitioner apprehends arrest for the alleged offence under Sections 19(c)(v) and 25 of the Fertilizer Control Order, 1985, in Crime No.55 of 2026 on the file of the respondent seeks anticipatory bail.
2. It is the case of the prosecution that the petitioner along with the other
accused had created an artificial demand for Central Government subsidized fertilizers by secretly holding and diverting the fertilizers with an intention to gain huge profit and thereby violated the provisions of the Fertilizer Control Order. Hence, the complaint.
3. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. He further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this Court and the petitioners is ready to co-operate for investigation. Hence, he prays to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police fairly submits that the co-accused has already been granted bail vide order dated 05.03.2026 in Crl.M.P.No.2062 of 2026 by the learned Judicial Magistrate No.IV, Coimbatore.
5. At this juncture, the learned counsel for the petitioner submitted that the petitioner is getting married on 30.03.2026.
6. I have given my anxious consideration to the submissions made by the petitioner and the learned Government Advocate (Crl.Side) for the respondent.
6.On a perusal of the First Information Report, it is seen that the case has been registered on 23.02.2026 and at this point of time, the investigation might have been completed. Hence, this Court is of the view that custodial interrogation is not required for the petitioner. It is also seen that the co-accused have already been enlarged on bail by order dated 05.03.2026. Hence, in order to maintain parity with the said order, 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 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 is made ready, before the learned Judicial Magistrate No.4, Coimbatore, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 learned 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 report before the respondent Police, everyday at 10.30 a.m., for a period of two 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.
(f) the condition to report before the respondent police is dispensed with between 28.03.2026 to 05.04.2026. 24-03-2026 rap
To
1. The Judicial Magistrate No.4, Coimbatore.
2. The Public Prosecutor, High Court, Madras.
3. The Inspector of Police, CS CID, Coimbatore, (Coimbatore District)
C.KUMARAPPAN, J.
rap 24-03-2026