S.Vicky v. The State Rep By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-05-2026
CORAM
THE HON'BLE MR.JUSTICE R.SAKTHIVEL
1. S.Vicky S/o. Sekar No.51J/103, Ekambarapuram, North Mada Street, Kancheepuram District.
2. K.Bharathidasan S/O Kajapathi Ramasami No.356,CVM Nagar, Netteri Village, Sirukaveripakkam, Olimohamedpet, Kancheepuram District.
..Petitioners/Accused Vs The State Rep By, The Inspector of Police, CSCID Police Station, Kancheepuram District.
(Crime No.140 of 2026) ..Respondent/ Complainant Prayer: Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to enlarge the petitioners on bail in the event of arrest in the hands of the respondent Crime No.140 of 2026 pending investigation on the file respondent police.
For Petitioners:
Mr. A Saranraj For Respondent:
Mr. A. Amarnath Counsel for Government of Tamil Nadu (Criminal side)
ORDER
This Criminal Original Petition has been filed by the petitioners on 19.05.2026 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant anticipatory bail.
2. The petitioners apprehend arrest at the hands of the respondent-police for the offences punishable under Section 6(4) of Tamil Nadu Scheduled Commodities (Regulation of Distribution by Card System) Order 1982 read with 7(1)(a)(ii) of the Essential Commodities Act, 1955, in Crime No.140 of 2026 on the file of the respondent-police.
3. The case of the prosecution is that, the petitioners were found transporting 2800 Kgs of PDS rice. Hence, the case.
4. Mr.A. Saranraj, the learned counsel for the petitioners, submits that the petitioners have not committed any offence as alleged by the respondent and
that they are not connected with the said offence. He, however, submits that the petitioners are ready to abide by any conditions to be imposed by this Court. Accordingly, he prays for the grant of anticipatory bail to the petitioners.
5. Per contra, Mr. A. Amarnath, the learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that the accused person were found transporting 2800 Kgs of PDS rice. He further submits that there are 4 similar cases pending against the 1st accused and two similar cases pending against the 2nd accused. He further submits that if pre-arrest bail is granted to the petitioners, they will abscond and tamper with the evidence. He, therefore, prays to dismiss this Criminal Original Petition.
6. Heard on both sides. This Court has perused the records.
7. The petitioners have permanent residence. Hence, there is less possibility of absconding. Considering the same and also with a view to give an opportunity to the petitioners to reform themselves, this Court is inclined to grant anticipatory bail to the petitioners. Accordingly, Anticipatory bail is granted to the petitioners subject to the following conditions: (i) The petitioners shall be released on pre-arrest bail in the event of their arrest or in the event of their surrender before the learned Judicial Magistrate
No.1, Kancheepuram, within a period of 15 days from the date on which the order copy is made ready, on each of the petitioners executing a bond for a sum of 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 learned Judicial Magistrate No.1, Kancheepuram. (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.1, Kancheepuram, shall obtain a copy of any one of identity proofs to ensure their identity.
(iii) Each of the petitioners is directed to donate a sum of Rs.20,000/- (Rupees Twenty Thousand only) to the credit of the Director / Authorised Officer, Government Arignar Anna Memorial Cancel Hospital, Karapettai, Kancheepuram, without prejudice to their rights and contentions before the Trial Court. Only upon deposit, the learned Magistrate No.1, Kancheepuram, shall accept the sureties.
(iv) The petitioners shall appear and sign before the respondent-police daily at 10.00 a.m. until further orders.
(v) The petitioners shall make themselves available for interrogation by a
police officer as and when required.
(vi) The petitioners 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 petitioners shall also not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence. (viii) The petitioners shall not leave India without the previous permission of the Court.
(ix) The petitioners shall furnish their residential address and mobile number to the Judicial Magistrate No.1, Kancheepuram. (x) On breach of any of the aforementioned conditions, the learned Judicial Magistrate No.1, Kancheepuram, or Trial Court, as the case may be, is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions are imposed by him 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.
22-05-2026 Index: Yes/No Speaking/Non-speaking order BGA Note:
1. Registry is directed to forthwith upload this order on the Official Website of this Court.
2. All concerned to act on this order being uploaded on Official Website of this Court without insisting on certified hard copies. To be noted, this order, when uploaded on the official website of this Court, will be watermarked and will also have a QR code.
To
1. The Judicial Magistrate No.1, Kancheepuram 2.The Inspector of Police, CSCID Police Station, Kancheepuram District.
(Crime No.140 of 2026)
3. The Public Prosecutor, High Court, Madras
R.SAKTHIVEL J.
BGA 22-05-2026