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Madras High CourtCRL OP/21886/2025granted

M.Muniappan v. The State Rep By,

2025-09-11Honourable Mrs.Justice T.V.Thamilselvi6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI M.Muniappan Son of Muniraj, No.3/351, Thuanjipatti, Pethalapalli, Krishnagiri Tk and Dt 635 001.

Petitioner(s) Vs The State rep by, The Inspector of Police, CS-CID, (Civil Supplies -CID), Dharmapuri District.

Crime No.157 of 2025 Respondent(s) PRAYER: Criminal Original Petition filed under Section 482 of BNSS to grant bail to the petitioner in the event of arrest in Crime No.157 of 2025 on the file of the respondent police For Petitioner(s):

M/s.R.Saritha For Respondent(s):

Mr.S.Udayakumar Government Advocate (Crl. Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 6(4) TNSC (RDCS) Order 1982 read with 7(1)(a)(ii) of EC Act, 1955 in Crime No.157 of 2025 on the file of respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 14.07.2025, the petitioner along with other accused transported 30 bags of PDS rice, each containing 50 kgs. without any valid permit in a Pick UP Vehicle bearing Regn.No.TN-24-AR 3715. Hence, this case.

3. The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. However, on instructions he further submitted that without prejudice to his rights and contentions, the petitioner is prepared to deposit/pay some considerable amount as may be directed by this court and prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent police reiterated the prosecution case and objected for the grant of

anticipatory bail to the petitioner stating that the quantity of PDS rice involved in this case is 1500 kgs. He further submitted that there are totally two accused in this case and the petitioner has been arrayed as A2. A1 who is the driver of the said vehicle has already been arrested.

5. Considering the above facts and circumstances of the case and the submissions of the learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. 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-I, Dharmapuri, on condition that the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) as non-refundable deposit to the credit of registered Advocate Clerks Association, Krishnagiri, and the petitioner shall also 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 petitioner 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 petitioner shall report before the respondent police every Tuesday at 10.30 a.m. for the period of eight weeks and thereafter as and when required for interrogation. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial.

[e] 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 by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [f] If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

11-09-2025 ksa-2 Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Judicial Magistrate No.I, Dharmapuri

2. The Inspector of Police, CS-CID, (Civil Supplies -CID), Dharmapuri District.

3. The Public Prosecutor High Court of Madras, Chennai

T.V.THAMILSELVI J.

Ksa-2 11-09-2025