Madras High CourtCRL OP(MD)/4994/2025dismissed

Madasamy v. The State Of Tamil Nadu,

2025-03-19Honourable Mr.Justice R.Sakthivel3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/03/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL CRL OP(MD). No.4994 of 2025 Madasamy ... Petitioner/Accused No.4 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Civil Supplies C.I.D., Tirunelveli District.

Crime No. 21 / 2025.

... Respondent/Complainant For Petitioner :

Mr. Venkatesh Advocate For Respondent :

Mr.R.Meenakshi Sundaram Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 21 of 2025 on the file of the respondentPolice. ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 17.03.2025 under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant pre-arrest bail.

2. The petitioner / accused No.4, apprehends arrest at the hands of the

respondent-Police for the offence punishable under Section 6(4) of TN Scheduled Commodities (RDCS) Order, 1982 and Section 7(1)(a)(ii) of Essential Commodities Act, 1955 in Crime No.21 of 2025, on the file of the respondent police, seeks bail.

3. The case of the prosecution is that on 17.02.2025, when the respondentPolice was in routine vehicle check up, they found that the petitioner herein and other accused persons had illegally transported 1209.5 kgs of rice meant for Public Distribution Scheme. Hence, the case.

4. Mr.C.Venkatesh, the learned counsel for the petitioner, submits that the petitioner is an innocent person and he has not committed 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. He therefore prays for grant of pre-arrest bail to the petitioner.

5. Per contra, Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor, appearing for the respondent-Police, submits that there are 6 previous cases pending against the petitioner, which are similar in nature. Hence, he strongly opposes to grant pre-arrest bail to the petitioner.

6. Heard both sides and perused the records.

7. Petitioner has six previous cases, which are all similar in nature. Petitioner is a habitual offender. Therefore, this Court is of the view that if the petitioner is released on pre-arrest bail, he will commit similar type offences again. Hence, this Court is not inclined to grant pre-arrest bail to the petitioner.

8. Accordingly, this Criminal Original Petition is dismissed. Sd/- 19.03.2025 // True Copy // /04/2025 Sub Assistant Registrar (CS - I/II/III/IV) Madurai Bench of Madras High Court, Madurai.

TRP TO 1 THE INSPECTOR OF POLICE, CIVIL SUPPLIES C.I.D., TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.4994 of 2025 Date :19/03/2025 RS (17/04/2025) 3P/ 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.