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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-05-2025

CORAM

THE HONOURABLE MR JUSTICE N.SENTHILKUMAR CRL OP No. 15546 of 2025 Kumar Petitioner Vs The State Represented by, The Inspector of Police, Arambakkam Police Station, Tiruvallur District (Cr.No.75 of 2025) Respondent For Petitioner(s):

Mr.A.Murugavel For Respondent(s):

Mr.A.Gopinath Government Advocate (Criminal Side) PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail in the event of his arrest by the respondent police in Crime No.75 of 2025 pending investigation on the file of the respondent police.

ORDER

The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 6(4) of TNSC (RDCS) order 1982 r/w 1 / 4

Section 7 (1) (a) (ii) of EC Act, 1955 in Crime No.75 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was found to be in illegal possession of 3178 kgs of PDS rice. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.

4. The learned Government Advocate (Crl. Side) appearing for the respondent submitted that the petitioner has indulged in illegal transportation of 66 bags of PDS rice weighing about 3178 kgs and there are seven previous cases of similar nature pending against the petitioner. Therefore, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned District Munsif-cumJudicial Magistrate, Gummidipoondi, Tiruvallur District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten 2 / 4

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 conditions that: (a) the petitioners shall make a non-refundable deposit of Rs.15,000/- (Rupees Fifteen Thousand only) to the credit of "The Dean/Medical Officer, Government Stanley Medical College Hospital, Chennai", within a period of two weeks from the date of receipt of a copy of this order and shall produce the said receipt before the concerned Court. [b] the petitioner shall report before the concerned Judicial Magistrate daily at 10.30 a.m, from Monday to Friday and shall further appear before the respondent police at 10.30 a.m., on every Saturday and Sunday 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. [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 3 / 4

N.SENTHILKUMAR.,J.

Gv/jai 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.2023.

21.05.2025 gv/jai "Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code." To 1.The learned District Munsif-cum-Judicial Magistrate, Gummidipoondi, Tiruvallur District.

2. The Inspector of Police, Arambakkam Police Station, Tiruvallur District(Cr.No.75 of 2025) 3.The Public Prosecutor, High Court, Madras. CRL .OP No. 15546 of 2025 4 / 4