Prajosh (A1) v. The State Rep. By The Sub-Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.07.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN 1.Prajosh 2.Vishnu ... Petitioners

Versus

State Rep. by The Sub-Inspector of Police, Pollachi CSCID Police Station, Pollachi.

(Crime No.190 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of B.N.S.S., pleased to enlarge the petitioners on bail in the event of his arrest at the hands of the respondent pending investigation in Crime No.190 of 2025 on the file of the respondent police. For Petitioner : Mr.S.Senthilvel For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side) ***** Page No.1 of 6

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable u/s 6(4) of TN Schedule Commodities (RDCS) Order, 1982 and 7(1)(a)(ii) of the Essential Commodities Act, 1955, in Crime No.190 of 2025, seek anticipatory bail.

2. The case of the prosecution is that the petitioners along with other accused was found in illegal possession of 1000 Kgs of PDS Rice without any valid permission or license. Hence, the complaint.

3. The learned counsel appearing for the petitioners submits that the petitioners are innocent person and have been falsely implicated in this case. He further submitted that A2 in this case has been granted bail by the learned Judicial Magistrate No.IV, Coimabtore in Crl.M.P.No.6043 of 2025 on 23.06.2025. Further, he submitted that the custodial interrogation of the petitioners are not required. He further submitted that the petitioners are ready and willing to abide by any stringent conditions as imposed by this Court. Hence, he prays for anticipatory bail to the petitioners.

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4. Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioners are having previous cases. Hence, he vehemently opposed for grant of anticipatory bail to the petitioners.

5. Considering the above facts and circumstances of the case and since custodial interrogation of the petitioners are not required, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each as non refundable deposit in favour of Sree Anbalayam, No.19, Shakthi Vinayagar Garden, Athamoattu Post, Coimbatore - 641 010, Ph No.98940 80496 and on such deposit, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.IV, Coimbatore, on condition that each of the Page No.3 of 6

petitioners shall execute 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 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 condition that:

[a] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioners shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each as non refundable deposit in favour of Sree Anbalayam, No.19, Shakthi Vinayagar Garden, Athamoattu Post, Coimbatore - 641 010, Ph No.98940 80496 ;

[c] the petitioners shall report before the respondent Police everyday at 10.30 a.m. for a period of two (2) weeks and thereafter, as and when required for interrogation;

[d] the petitioners shall not abscond either during investigation or trial;

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[e] the petitioners shall not tamper with evidence or witness either during investigation or trial;

[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 14.07.2025 sp To 1.The Judicial Magistrate No.IV, Coimbatore.

2.The Sub-Inspector of Police, Pollachi CSCID Police Station, Pollachi. 2.The Public Prosecutor, High Court, Madras.

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G.K.ILANTHIRAIYAN, J.

sp 14.07.2025 Page No.6 of 6