Marimuthu v. State By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Marimuthu .. Petitioner/A6 Vs.

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

(Crime No.136 of 2025) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in Crime No.136 of 2025 pending investigation on the file of the respondent police.

For Petitioner : Mr.P.M.Jayachandran For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) Page No.1 of 8

ORDER

The petitioner, who apprehends arrest at the hands of the respondent 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.136 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was found in illegal transportation of 20,000 kgs of PDS Rice. Hence, the case.

3. Learned counsel appearing for the petitioner submits that the petitioner is innocent, has not committed any offence, as alleged by the prosecution and has been falsely implicated in this case. He further submits that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioner.

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

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

6. Considering the submissions made by the learned counsel appearing on either sides and taking note of the nature of the allegations and since, custodial interrogation of the petitioner is not required, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Krishnagiri, on condition that the petitioner 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:

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[a] if the petitioner 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 petitioner shall donate 100 bags of rice containing 50 kilograms to the following places:

(1) Aaradhana Social Service and Skill Development Trust, Sakthi Sadhan Home, Nehru Nagar, Hosur - 635 109, Krishnagiri District. Contact 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 107, Account No.0213104000357180, IDBI Hosur, Contact No.9442526598;

(3) Orphanage Name: Sri Sarada Vocational Training Center (MR) Home. Address: D/on 6/214 Dhasarcepalli - Zeemangalam Bagalur Hosur (TK), Hosur - 635103. A/c.No.0213104000356046 / IDBI Bank Hosur, Page No.4 of 8

Contact No.9442526598.

(4) Orphanage Name: Abala Mentally ill Women. Address : Opp. Samathuvapuram Bagalur Road, Hosur - 635 103, A/c.No.39231146960 SBI Hosur Contact No.94425226598.

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

[e] the petitioner 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 petitioner shall make himself available for interrogation by a Police office as and when required; [g] 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; [h] the petitioner 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 petitioner 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 Page No.5 of 8

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 Page No.6 of 8

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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M.NIRMAL KUMAR, J.

cda 31.07.2025 Page No.8 of 8