Beer Syed Ibrahim Bathusa v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14.03.2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Beer Syed Ibrahim Bathusa ... Petitioner/Accused No.2 Vs The State of Tamil Nadu, Rep by the Inspector of Police, CSCID, Uthamapalayam.
Crime No.33 of 2025 ... Respondent/Complainant For Petitioner :
Mr.R.Venkatesan For Respondent :
Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS, 2023 PRAYER :- For Anticipatory Bail in Crime No.33 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 petitioner on 12.03.2025 under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to 1/6
grant an order of pre-arrest bail.
2. The petitioner apprehends arrest at the hands of the respondent-police for the offences punishable under Section 6(4) of Tamil Nadu Schedules Commodities (RDCS) Order 1982 and Section 7(1)(a)(ii) of Essential Commodities Act, 1955, in Crime No.33 of 2025 on the file of the respondent-police.
3. The case of the prosecution is that the petitioner and another accused person illegally transported 1,500 kgs of rice meant for sale through the Public Distribution System. Hence the case.
4. Mr.R.Venkatesan, learned counsel appearing for the petitioner submits that the petitioner did not commit any offence as alleged by the prosecution, and he has been falsely implicated in this case. He however submits that the petitioner is ready to abide by any conditions to be imposed by this Court. Hence, he prays for grant of pre-arrest bail to the petitioner.
5. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (Crl.Side) appearing for the respondent-police, submits that there are totally two accused persons and the petitioner / A2 is a petty shop owner. He further submits that the petitioner and another accused person, illegally transported 1,500 kgs of Public Distribution Rice. He further submits that A1 was already arrested and released on bail. He further submits that the petitioner has no previous case. However, he 2/6
submits that if pre-arrest bail is granted to the petitioner, he will commit similar offence. Hence, he prays to dismiss this Criminal Original Petition.
6. Heard on both sides. This Court has perused the records.
7. It is stated that A1 was already arrested and released on bail, an that the petitioner / A2 has no previous case. Though the petitioner is alleged to have transported huge quantity of Public Distribution Rice, considering the fact that the petitioner is a first offender and with a view to give an opportunity to the petitioner to reform himself, this Court is inclined to grant an order of pre-arrest bail to the petitioner subject to the following conditions: (i) The petitioner shall be released on bail in the event of his arrest or in the event of his surrender before the learned Judicial Magistrate, Uthamapalayam, within a period of 15 days from the date on which the order copy is made ready, on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) 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, Uthamapalayam;
(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 shall obtain a copy of any one of 3/6
identity proofs to ensure their identity;
(iii) The petitioner shall make himself available for interrogation by a police officer as and when required;
(iv) 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; (v) The petitioner shall not leave India without the previous permission of the Court;
(vi) The petitioner shall deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) to the Head Master, Government Higher Secondary School, Sathirakudi, Ramnad District (A/c. No.11555089384, IFSC Code:SBIN0002268), and submit proof of the payment to the learned Judicial Magistrate, Uthamapalayam while executing suretyship;
(vii) Thereafter, the petitioner shall appear and sign before the respondentPolice weekly twice i.e, on every Monday and Friday at 10.00 a.m. until further orders;
(viii) The petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate, Uthamapalayam; (ix) The petitioner shall not, directly or indirectly, cause any threat to the 4/6
defacto complainant and witnesses and shall not tamper the evidence; and (x) On breach of any of the aforementioned conditions, concerned Magistrate, or Trial Court as the case may be, is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by them as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].
8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.
sd/- 14/03/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
mbi TO 1 THE JUDICIAL MAGISTRATE UTHAMAPALAYAM.
2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI.
3 THE INSPECTOR OF POLICE, CSCID, UTHAMAPALAYAM, THENI DISTRICT.
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4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO THE HEAD MASTER, GOVERNMENT HIGHER SECONDARY SCHOOL, SATHIRAKUDI, RAMNAD DISTRICT.
+1 CC to M/s.R.VENKATESAN, Advocate ( SR-2903[I] dated 17/03/2025 )
ORDER
IN CRL OP(MD) No.4791 of 2025 Date :14/03/2025 HPS/SAR / 02.04.2025/6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.
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