Shafeer v. State Rep.By Its, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-04-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO.10265 of 2025 Shafeer Petitioner(s) Vs State rep. by, The Inspector of Police, Civil Supply CID, Pollachi, Coimbatore District.

(Crime No. 100 of 2025).

Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on anticipatory bail in the event of his arrest by the respondent police concerned in Crime No.100 of 2025, on the file of the respondent police. For Petitioner(s) : M/s. Camyles Gandhi W.

For Respondent(s) : Mr. S. Balaji, Government Advocate (Crl. Side) 1/6

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 6(4) of TNSC (RDCS) Order, 1982 r/w 7(1)(a)(ii) of EC Act, 1955 in Crime No.100 of 2024, on the file of the respondent police, seeks anticipatory bail. 2.

The case of the prosecution is that, while the respondent police were conducting vehicle inspection near Madhukarai Bridge, they found the accused persons were involved in illegal possession of 3000 kilograms of PDS rice in their vehicle; that on seeing the police, the accused persons tried to escape from the spot, however, the respondent arrested A1 and A2, based on their confession statement, it is revealed that the petitioner was also involved in the aforesaid offence. Hence, this case. 3.

The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case based on the confession of the co-accused; that the petitioner had never committed any offence as alleged by the prosecution; and that the petitioner is ready to produce solvent sureties and to abide by any 2/6

conditions that may be imposed by this Court and also undertake to appear and to co-operate for the investigation, and sought for anticipatory bail to the petitioner.

4.

The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and on instruction submitted that the total quantity of PDS rice seized in this case is 3000 kilograms; that the petitioner has one previous case and implicated based on the confession of the co-accused; and that the investigation is pending, hence opposed the grant of anticipatory bail to the petitioner. 5.

Taking note of the facts and circumstances of the case, the nature of allegation against the petitioner, submissions made by the learned counsels on either side, the fact that the petitioner is on bail in the other case, the petitioner was implicated only based on the confession of the coaccused and since custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 3/6

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 on which the order copy made ready, before the learned Judicial Magistrate-IV, Coimbatore on condition that the petitioner 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: [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 everyday at 10:30 a.m., until further orders.

[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.

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[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. 07.04.2025 stn To

1. The Judicial Magistrate - IV, Coimbatore.

2. The Inspector of Police, Civil Supply CID, Pollachi, Coimbatore District.

(Crime No. 100 of 2025).

3. The Public Prosecutor, High Court of Madras.

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SUNDER MOHAN, J.

stn Crl.O.P. No.10265 of 2025 07.04.2025 6/6