N.Balaji v. State Rep.By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.12.2025

CORAM

THE HON'BLE MR. JUSTICE P.DHANABAL Crl.O.P.No.36003 of 2025 N.Balaji ... Petitioner Vs.

The State represented by, The Inspector of Police, Anaimalai Police Station, CSCID, Pollachi Coimbatore District.

(Crime No. 380 of 2014).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., 2023 to enlarge the petitioner on bail in C.C.NO.2783 of 2025 (on the file of Judicial Magistriate No.IV, Coimbatore ) in Crime No.380 of 2014 on the file of the respondent.

For Petitioner : Mr.C.Sundaramoorthy For Respondent : Mr.S.Vinothkumar Government Advocate (Crl.Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 29.11.2025, for the alleged offence punishable under Sections 6(4) of TNSC (RDCS) Order 1982 r/w 7(1)(a)(ii) of Essential of Commodities Act r/w Section 3 of Fertilizer Movement Control Order 1973, in Crime No. 380 of 1/6

2014, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused was found in illegal transportation of urea to Kerala State. Hence, the complaint.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and has been falsely implicated in this case and he has not committed any offence as alleged in the FIR. He further submitted that the petitioner name is not found in the FIR. He would further submit that the petitioner was arrested and is in judicial custody from 29.11.2025. Hence, he prayed bail for the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner is absconding for the past 10 years and hence the respondent police filed the absconding charge sheet against the petitioner. He further submitted that except the present case, one subsequent case has been registered against the petitioner. He further submitted that the investigation is completed. However, he opposed to grant 2/6

bail to the petitioner.

5. Heard both sides and perused the materials available on record including the First Information Report.

6. Considering the nature of the offence, the petitioner name is not mentioned in the FIR, investigation is completed and absconding charge sheet was also filed against the petitioner and also considering the period of his incarceration, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

[a] Accordingly, the petitioner is ordered to be released on bail on his executing 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 Judicial Magistrate No.IV, Coimbatore, and on further conditions that:- [b] the petitioner shall report before the Trial Court on all working days at 10.30 a.m., for a period of 30 days. [c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

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[d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[f] On breach of any of the aforesaid conditions, the learned Judicial 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].

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

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Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies.

To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To 1.The Judicial Magistrate No.IV, Coimbatore.

2.The Inspector of Police, Anaimalai Police Station, CSCID, Pollachi Coimbatore District.

3.The Superintendent, Central Prison, Coimbatore.

4.The Public Prosecutor, High Court of Madras.

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P.DHANABAL, J.

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