A.Mubarakali v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR A.Mubarakali ... Petitioner/Accused Vs.

State Represented by The Inspector of Police, Villupuram CSCID Police Station Villupuram District.

(Crime No.72 of 2025).

... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pending investigation in Crime No.72 of 2025, on the file of the respondent police. For Petitioner :

Mr.M.D.Ilayaraja For Respondent :

Mr.L.Baskaran Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 21.05.2025, for the offences punishable under Sections 6 (4) of TNSC (RDCS) 1/6

Order 1982, r/w. Section 7(i)(a)(ii) of E.C Act, 1955, in connection with Crime No.72 of 2025, registered on the file of the respondent, seeks bail.

2. The case of the prosecution is that the petitioner was found to be in illegal possession of 1000 kgs of PDS Rice (50kgs X 20 bags) worth about Rs.5,650/-. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and a false case has been foisted against him for statistical purpose. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court and he prays for grant of bail to the petitioner.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case and submitted that the petitioner has got 9 previous cases.

5. Heard both sides and perused the materials available on record. 2/6

6. Considering the facts and circumstances of the case, the submissions made by the learned counsels on either side and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a 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 learned Judicial Magistrate No.I, Villupuram and on further conditions that: [a] the petitioner shall donate 20 bags of rice (each bag containing 50 kilograms) to the following orphanages (each 5 bags), and produce proof while executing sureties

1. Vela Special School for the Intellectually Disabled, Saibaba Nagar, Gingee Main Road, Lakshmipuram, Orathur Post, Villupuram District, Contact No: 9842310390, 9840466854;

2. St. John Special Higher Secondary School for differently abled, No.9, New Street, Mandakarai, Villupuram, Contact No: 04146-224417, 9443879401;

3. St. John Special Higher Secondary School for differently abled, Mampazhampattu Road, Indira 3/6

Nagar, Villupuram, Contact No.9789229877, 9443879401;

4. Child Home, Singapur Nagar, Salamedu, Villupuram, Contact No.8124589857.

[b] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [c] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders; [d] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [e] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [f] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

[g] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been 4/6

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)13 SCC 283];

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 13.06.2025 rsi 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.

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M.NIRMAL KUMAR, J.

rsi To 1.The Judicial Magistrate No.I, Villupuram.

2.The Inspector of Police, Villupuram CSCID Police Station Villupuram District.

3.The Superintendent, District Prison, Villupuram.

4.The Public Prosecutor, High Court of Madras.

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