Murugesan v. State By

M.NIRMAL KUMAR. J., This matter came up for hearing today under the caption 'For Being Mentioned' at the instance of the learned counsel appearing on behalf of the petitioners.

2. The learned counsel appearing on behalf of the petitioners submits that in the order passed by this Court on 31.07.2025 in Crl.O.P.No.19029 of 2025, in paragraph No.6(c), it has been wrongly typed as follows:- "6(c). the petitioners shall donate 10 bags of rice containing 3,800 kilograms to the following places:" and prays that the said mistake may be rectified in the order.

3. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that the order may be rectified.

4. Accordingly, the 6(c) paragraph of the order dated 31.07.2025 in the above Criminal Original Petition shall be read as follows:- "6(c). the petitioners shall donate 10 bags of rice containing 50kgms to the following places:"

5.Registry is directed to issue the fresh order copy after incorporating Page No.1/9

the necessary corrections in the above said order dated 31.07.2025. 13.08.2025 nvi M.NIRMAL KUMAR. J., Page No.2/9

nvi 13.08.2025 Page No.3/9

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR 1.Murugesan 2.Mallesh .. Petitioners/Accused Vs.

The State Rep by, The Inspector of Police, CSCID Police Station, Krishnagiri District.

(Crime No.125 of 2025) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of their arrest in Crime No.125 of 2025 pending investigation on the file of the respondent police.

For Petitioners : Mr.P.M.Jayachandran For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

ORDER

The petitioners were apprehends arrest at the hands of the respondent Page No.4/9

police for the alleged offences punishable under Section 6(4) of TNSC(RDCS) Order 1982 r/w 7(i)a(ii) of E.C Act 1955 in Crime No.125 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that the petitioners were found in illegal transportation of 3,800 kgs of PDS Rice. Hence, the case.

3. Learned counsel appearing for the petitioners submitted that the petitioners are innocent, have not committed any offence, as alleged by the prosecution and have been falsely implicated in this case. He would further submit that they are ready and willing to abide by any conditions that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioners.

4. Learned Government Advocate (Crl.Side) appearing for the respondent Police while opposing the grant of anticipatory bail to the petitioners reiterated the prosecution case.

5. Having heard the learned counsel for the petitioners and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Page No.5/9

6. Accordingly, 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-I, Krishnagiri, on condition that the 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, and on proof of payment of deposits, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] if the petitioners fails to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled;

[b] 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 Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

[c] the petitioners shall donate 10 bags of rice containing 3,800 kilograms to the following places:

(1) Aaradhana Social Service and Skill Development Trust, Sakthi Sadhan Home, Nehru Nagar, Hosur - 635 109, Krishnagiri District. Contact Page No.6/9

No.9894127405.

Aaradhana Social Service and Skill Development Trust, Account No.6477837929, Indian Bank, Branch NGGO's Colony, IFSC Code: IDIB000N161.

(2) Orphanage Name : Sri Saradashwaram Children Home. Address : Near Lakshmi Narashimhar Temple Therpettai Denkanikottai - 635 107. A/c No.0213104000357180, IDBI Hosur, Contact Number : 9442526598.

(3) Orphanage Name : Sri Sarada Vocational Training Center (MR) Home, Address : D/on 6/214 Dhasarcepalli-Zeemangalam Baglur Hosur (TK), Hosur - 635 103, A/c No.0213104000356046/IDBI Bank Hosur, Contact Number : 9442526598.

[d] the petitioners shall report before the respondent Police for a period of two weeks and thereafter, as and when required for further interrogation;

[e] the petitioners shall not directly or indirectly cause any threat to the de facto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial;

[f] the petitioners shall make himself available for interrogation by a Police office as and when required; [g] the petitioners 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; Page No.7/9

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

[i] 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 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)AIR SCW 5560];

[j] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

31.07.2025 cda M.NIRMAL KUMAR, J.

cda To 1.The Judicial Magistrate-I, Krishnagiri.

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

3.The Public Prosecutor, Madras High Court, Chennai.

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