Allemma v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-05-2026
CORAM
THE HONOURABLE MR.JUSTICE R.SAKTHIVEL Allemma, F-45 years C/O Devarapalli Venkaoji Rao, Rajagopalapuram, Naidupetta, Nellore, Andhra Pradrsh_- 524 176.
Petitioner / Accused -2 Vs The State Rep. by The Inspector of Police, CSCID, Thiruvallur Police Station, Thiruvallur District.
(Crime No.201 of 2026) Respondent / Complainant PRAYER: Criminal Original Petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to enlarge the petitioner on bail pending investigation in Crime No.201 of 2026 on the file of the Inspector of Police, CSCID, Thiruvallur Police Station, Thiruvallur District. For Petitioner:
Mr.A.Murugavel For Respondent:
Mr.V.J.Priyadarsana, Government Advocate (Criminal Side) 1/6
O R D E R
This Criminal Original Petition has been filed by the petitioner on 18.05.2026 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant bail.
2. The petitioner/accused No.2 was arrested and remanded to judicial custody on 06.05.2026 for the alleged offences punishable under Sections 6(4) of Tamil Nadu Scheduled Commodities (Regulation of Distribution by Card System) Order, 1982 r/w. 7(1) a (ii) of Essential Commodities (EC) Act, 1955, in connection with Crime No.201 of 2026 on the file of the respondent police.
3. The case of the prosecution is that on 06.05.2026, based on discrete information, the respondent Police kept surveillance near Ponneri Railway Station where the petitioner, along with the other accused, was found in illegal possession of 1,100 Kgs of PDS rice. Hence, the case.
4. Mr.A.Murugavel, 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 submits that the petitioner/A2 has been in judicial custody since 06.05.2026 and till date she has been under incarceration. He further submits that the petitioner has been arrayed as Accused No.2 and he prays to grant bail to the petitioner.
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5. Per contra, Mr.V.J.Priyadarsana, learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that the respondent-police seized 1,100 kgs of PDS rice from the Accused. He further submits that there are five previous cases pending against the petitioner and hence, prays for the dismissal of this petition.
6. Heard on both sides. This Court has perused the records.
7. The petitioner is arrayed as Accused No.2 in Crime No.201 of 2026. The respondent police seized 1,100 kgs of PDS Rice from the accused. The petitioner has been in judicial custody since 06.05.2026.
8. Considering the quantity of PDS rice involved in this case and also considering the period of incarceration, this Court is of the view that further custody of the petitioner may not require. Therefore, this Court is inclined to enlarge the petitioner on bail, however, subject to certain conditions. Accordingly, bail is granted to the petitioner subject to the following conditions: (i) The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the satisfaction of the Judicial Magistrate - I, Tiruvallur.
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(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 - I, Tiruvallur, shall obtain a copy of any one of their identity proofs to ensure their identity. (iii) The petitioner shall appear and sign before the respondent-police daily at 10.00 a.m. until further orders.
(iv) The petitioner shall furnish her residential address and mobile numbers to the learned Judicial Magistrate - I, Tiruvallur. (v) The petitioner shall attend in accordance with the conditions of the bond to be executed under Chapter XXXV of BNSS, 2023. (vi) The petitioner shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which he is suspected. (vii) 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 or tamper with the evidence.
(viii) On breach of any of the aforementioned conditions, the learned Judicial Magistrate - I, Tiruvallur 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]. 4/6
9. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.
21.05.2026 vum / cgi 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 learned Judicial Magistrate -I, Tiruvallur. 2.The Superintendent, Special Prison for Women, Puzhal, Chennai.
3.The Inspector of Police, Thiruvallur Police Station, Thiruvallur District.
4. The Public Prosecutor, High Court of Madras, Chennai 600 104.
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R.SAKTHIVEL J.
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