Allimuthu v. State Rep.By Its The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-05-2026
CORAM
THE HON'BLE MR.JUSTICE R.SAKTHIVEL Allimuthu S/o. N. Boopal, No.2-118/1, H.W., Keelapattu Nagari, Chittoor District, Andhra Pradesh.
..Petitioner/ Accused-2 Vs State Rep.by its The Inspector of Police, CSCID Kancheepuram police station, Kancheepuram District.
(Crime No. 117 of 2026) ..Respondent/ Complainant PRAYER :- Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant pre-arrest bail to the petitioner in Crime No.117 of 2026 on the file of the respondent police.
For Petitioner :
Mr.C.Balaji, Advocate For Respondent :
Mr.V.Meganathan, Government Advocate (Criminal Side)
ORDER
This Criminal Original Petition has been filed by the petitioner on 11.05.2026 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail.
2. The petitioner apprehends arrest at the hands of the respondent-police for the offences punishable under Sections 6(4) of Tamil Nadu Scheduled Commodities (RDCS) Order 1982 r/w 7(1)(a)(ii) of Essential Commodities Act, 1965, in Crime No.117 of 2026 on the file of the respondent-police.
3. The case of the prosecution is that the Accused-1 had illegally obtained PDS rice from the general public and transported to the State of Andhra Pradesh and handed over to the petitioner/accused-2, who is said to be owner of warehouse situated at Nagari, Andhra Pradesh. Thereafter, the petitioner/Accused-2 said to have polished the PDS rice and transported again to Tamil Nadu and sell the same to various persons. While so, on 02.04.2026 around 08.30 a.m., on a secret information, while the defacto complainant was patrolling near Thimmasamudiram Railway Gate, Arakkonam to Kancheepuram Road in connection with illegal transportation of essential commodity, he noticed a 12-wheeler heavy-duty commercial truck bearing Regn. No. AP-21 TW-8954, being driven by the Accused-2 to transport 350 kgs. of PDS Rice without prior permission from the competent authority. The
defacto complainant seized the said vehicle along with 350 kgs. of PDS Rice and arrested the accused-1. Hence, the case.
4. Mr.C.Balaji, the learned counsel for the petitioner, submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submit that the petitioner/A2 is the owner of the vehicle and based on a confession statement of Accused-1, a false case has been foisted against the petitioner. He however submits that the petitioner is ready to abide by any conditions to be imposed by this Court and he is ready to deposit a sum of Rs.1,00,000/-. Accordingly, he prays to grant an order of prearrest bail to the petitioner.
5. Per contra, Mr.V.Meganathan, the learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that four previous cases in the State of Andhra Pradesh against the petitioner and as far as the State of Tamil Nadu is concerned, no previous case against the petitioner. However, he prays to dismiss this Criminal Original Petition.
6. Heard on both sides. This Court has perused the records. 7.Considering the cumulative facts and circumstances of the case, the petitioner has permanent residence and therefore, there is less possibility of
absconding. Considering the same and the nature of the offence allegedly committed by the petitioner, and taking note of the fact that there are no previous cases against the petitioner in the State of Tamil Nadu, this Court is inclined to grant an order of pre-arrest bail to the petitioner subject to the following conditions:
(i) The petitioner shall be released on pre-arrest bail in the event of his arrest or in the event of his surrender before the learned Judicial Magistrate No.I, Kancheepuram District, within a period of 15 days from the date on which the order copy is made ready, on executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the learned Judicial Magistrate No.I, Kancheepuram District. (ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Judicial Magistrate No.I, Kancheepuram District shall obtain a copy of any one of their identity proofs to ensure their identity.
(iii) The petitioner shall deposit a sum of Rs.1,00,000/- (Rupees one lakh only) to the credit of Crime No. 117 of 2026 on the file of Judicial
Magistrate No.I, Kancheepuram within a period of four weeks from the date on which the order copy is made ready. In turn, the learned Judicial Magistrate I, Kancheepuram, shall deposit the said amount in an interest bearing Fixed Deposit in any nationalized Bank initially for a period of one year and renew them periodically until the final order / judgment is passed in the case in Crime No.117 of 2026.
(iv) The petitioner shall appear and sign before the respondent-police weekly twice on Monday and Friday at 10.00 a.m. until further orders. (v)The petitioner shall make himself available for interrogation by a police officer as and when required.
(vi) The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer. (vii) The petitioner shall also not, directly or indirectly, cause any threat to the witnesses and shall not tamper the evidence. (viii) The petitioner shall furnish his residential address and mobile number to the Judicial Magistrate No.I, Kancheepuram District.
(ix) On breach of any of the aforementioned conditions, the learned Judicial Magistrate No.I, Kancheepuram District or Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by them as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].
8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.
20-05-2026 Index: Yes/No Speaking/Non-speaking order RPP/JRS 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 official website of this Court will be watermarked and will also have a QR code. To
1. The Judicial Magistrate No.I, Kancheepuram District.
2. The Inspector of Police, CSCID Kancheepuram Police Station, Kancheepuram District.
3. The Public Prosecutor, High Court, Madras.
R.SAKTHIVEL J.
RPP/JRS 20-05-2026