Yobu @ Suriya v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/01/2025 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Yobu @ Suriya ... Petitioner/Accused No.1 Vs The Inspector of Police, Thanjavur CSCID Police Station, Thanjavur District.
Crime No.04 of 2025.
... Respondent/Complainant For Petitioner :
Mr.K.M.Karunakaran For Respondent :
Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.04 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 03.01.2025 for the offences under Sections 6(4) of TNCSC (RDCS) r/w 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 petitioner 1/4
has been arrayed as A1.
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 also considering the fact that there are two previous cases against the petitioner of similar nature and also of the fact that this petitioner has already suffered incarceration 03.01.2025 and also taking note of the fact that A2 to A5 were enlarged on bail by this Court in Crl,O.P(MD)No.1367 of 2025, by order dated 24.01.2025, this Court is inclined to grant bail to the petitioner subject to the following conditions.
5. Accordingly, the criminal original petition is ordered and the petitioner is ordered to be released on bail on 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.II, 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 petitioner shall report before the respondent police every Monday and Friday at 10.30 a.m for a period of six weeks and thereafter, as and when required for 2/4
interrogation.
[c] the petitioner shall appear before the trial Court during every hearing date without fail.
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioner shall not abscond either during investigation or trial. [f] 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS 2023.
sd/- 27/01/2025 / TRUE COPY / 27/01/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
LR 3/4
TO 1 THE JUDICIAL MAGISTRATE NO.II, THANJAVUR.
2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3 THE OFFICER INCHARGE, 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-892[I] dated 27/01/2025 )
ORDER
IN CRL OP(MD) No.1454 of 2025 Date :27/01/2025 RS/IT/SAR-(27.01.2025) 4P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4