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Madras High CourtCRL OP/20469/2025granted

Madhusudhan v. The Inspector Of Police,

2025-07-24Honourable Mr Justice M. Nirmal Kumar8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Madhusudhan ... Petitioner/A1 in Crl.O.P.No.20469 of 2025 Syed Vaseeulla ... Petitioner/A3 in Crl.O.P.No.20470 of 2025 Vs.

The Inspector of Police, Civil Supplies CID-Chennai, Krishnagiri.

(Crime No.136 of 2025) ... Respondent in both Crl.O.Ps'

COMMON 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.136 of 2025 pending before the respondent police.

For Petitioners :

Mr.R.C.Paul Kanagaraj For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) COMMON ORDER 1/8

The petitioners/A1 & A3 were apprehends for the offence punishable under Section 6(4) of Tamil Nadu Scheduled Commodities (RDCS) Order, 1982 and 7(1)(a)(ii) of Essential Commodities Act, 1955 in Crime No.136 of 2025, registered on the file of the respondent, seeks anticipatory bail.

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

3. Learned counsel appearing for the petitioners submitted that the petitioners are an innocent person and they have been falsely implicated in this case. The petitioners had no previous case. He further, on instruction, submitted that petitioners are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioners.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and opposed for granting anticipatory bail to the petitioners.

5. Heard both sides and perused the materials available on record. 2/8

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 petitioners is not required, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7. 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, No.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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioners 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 3/8

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, 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, 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.

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

[c] 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 4/8

identity;

[d] the petitioners shall report before the respondent Police everyday at 10.30 a.m., for a period of two weeks and thereafter as and when required; [e] the petitioners shall not abscond either during investigation or trial and he shall make himself available for interrogation by a Police Officer as and when required;

[f] 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;

[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;

[h] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned 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)13 SCC 283];

[i] If the accused thereafter absconds, a fresh FIR can be registered 5/8

under Section 269 of B.N.S.

24.07.2025 cda To 6/8

1.The Judicial Magistrate-I, Krishnagiri.

2.The Inspector of Police, Civil Supplies CID-Chennai, Krishnagiri.

3.The Public Prosecutor, High Court of Madras.

M.NIRMAL KUMAR, J.

cda 7/8

24.07.2025 8/8