Arockiya Aravinth v. State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH

1. Arockiya Aravinth

2. Boulpeter

3. Arunraj

4. Kantahsami ... Petitioners / Accused No.3,5,4,2 Vs The State of Tamil Nadu represented by The Inspector of Police, Thanjavur CSCID Police Station, Thanjavur District.

(Crime No.04 of 2025) ... Respondent / Complainant For Petitioners : Mr.K.M.Karunakaran Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS,2023. PRAYER :- For Bail in Crime No.04 of 2025 on the file of the respondent Police. 1/5

ORDER : The Court made the following order :- The petitioners / Accused, who were arrested and remanded to judicial custody on 03.01.2025 for the alleged offences under Sections 6(4) of TNCSC (RDCS) read with Section 7(1)(a)(ii) of Essential Commodities Act, in Crime No.04 of 2025, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the accused persons were transporting 12050 kgs of PDS rice in a Ashok Leyland Dost vehicle for the purpose of selling it for a higher price. There are totally five accused persons in this case and the petitioners have been arrayed as A2 to A5.

3. Heard the learned counsel on either side and perused the material records of the case.

4. Taking into consideration the facts and circumstances of the case and considering the fact that the entire PDS rice has been seized along with the vehicle and taking note of the fact that petitioners suffered incarceration from 04.01.2025 and there are no previous cases against the petitioner, this Court is inclined to grant bail to the petitioners subject to the following conditions: 2/5

5. Accordingly, the petitioners are 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 learned Judicial Magistrate No.2, Thanjavur and on further conditions that:- [a] 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 petitioners shall report before the respondent police on every Monday at 10.30.a.m., for a period of six weeks and thereafter as and when required fro interrogation.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners 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 petitioners in accordance with law as if the 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)AIR SCW 5560]. 3/5

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 24/01/2025 / TRUE COPY / 24/01/2025 Sub-Assistant Registrar (AE) Madurai Bench of Madras High Court, Madurai - 625 023.

sma TO

1. THE JUDICIAL MAGISTRATE NO.2, THANJAVUR 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR @ KUMBAKONAM.

3.THE SUPERINTENDENT, SUB JAIL, THANJAVUR

4. THE INSPECTOR OF POLICE, THANJAVUR CSCID POLICE STATION, THANJAVUR DISTRICT 5.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.K.M.KARUNAKARAN, Advocate ( SR-835[I] dated 24/01/2025 ) 4/5

ORDER

IN CRL OP(MD) No.1367 of 2025 Date :24/01/2025 RK (24/01/2025) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5