Jothiprakash v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/03/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL

1. Jothiprakash

2. Manikandan @ Rajkumar ... Petitioners/Accused Nos.1 & 2 Vs The Inspector of Police, Thanjavur Police Station, CSCID, Thanjavur District.

Crime No. 27/2025 ... Respondent/Complainant For Petitioners :

Mr.T.Eashwar, Advocate For Respondent :

Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For bail in Crime No.27 of 2025 on the file of the Respondent-Police. ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioners on 27.02.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant an order of bail.

1/5

2. The petitioners were arrested and remanded to judicial custody on 04.02.2025 for the offences punishable under Section 6(4) of TNCSC (RDCS) Order, 1982 r/w. Section 7(1)(a)(ii) of EC Act, 1955, in Crime No.27 of 2025 on the file of the respondent-police.

3. The case of the prosecution is that on 04.02.2025, at about 02.30 p.m., based on the complaint given by the Special Tahsildar, the defacto complainant, the Inspector of Police, along with his team conducted an inspection near Best School, Mariamman Koil Raod, Punnainallur, Thanjavur District. During the inspection, they intercepted a Mini-Truck bearing Registration No.TN-68-AL-4514 and they found that the petitioners were in illegal possession of 60 gunny bags of PDS rice (containing 2810 kgs) in that vehicle. The police arrested the accused persons and seized PDS rice and the alleged vehicle from them. Hence, the case was registered.

4. Mr.T.Eashwar, learned counsel appearing for the petitioners, submits that the petitioners have nothing to do with the alleged offence. He further submits that a false case has been foisted against the petitioners. He further submits that the petitioners have been in incarceration since 04.02.2025. Hence, he prays to grant bail to the petitioners.

5. Mr.K.Sanjai Gandhi, learned Government Advocate (Criminal Side) appearing for the respondent-Police, submits that there are no previous cases against 2/5

the petitioners. He further submits that the alleged PDS rice and the vehicle have been recovered from the accused persons at the spot. Hence, he vehemently opposes to grant bail to the petitioners.

6. Heard on both sides. This Court has perused the records.

7. The petitioners were arrested and they have been in judicial custody since 04.02.2025. On perusing the records, it reveals the fact that the petitioners have permanent residence and hence, there is less possibility of absconding. Considering the same and also considering the period of incarceration suffered by the petitioners and taking note of the fact that the petitioners have no previous cases and with a view to give an opportunity to the petitioners to reform themselves, this Court is inclined to grant bail to the petitioners, however, subject to certain conditions. Accordingly, bail is granted to the petitioners subject to the following conditions: (i) The petitioners shall execute a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) each along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the satisfaction of the learned Judicial Magistrate No.II, Thanjavur;

(ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Judicial Magistrate No.II, Thanjavur shall obtain a copy 3/5

of any one of identity proofs to ensure their identity; (iii) The petitioners shall attend in accordance with the conditions of the bond to be executed under Chapter XXXV of BNS, 2023;

(iv) The petitioners shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected; (v) The petitioners 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence;

(vi) The petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate No.II, Thanjavur; (vii) the petitioners shall appear and sign before the respondent-Police daily at 10.30 a.m., until further orders; and (viii) On breach of any of the aforementioned conditions, the learned Judicial Magistrate No.II, Thanjavur is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by him as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

4/5

8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.

sd/- 03/03/2025 / TRUE COPY / 03/03/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

TSG 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 POLICE STATION, CSCID, THANJAVUR DISTRICT.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN Date :03/03/2025 RS/IT/SAR-(03.03.2025) 5P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5