Rajmohan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.05.2025 PRESENT The HONOURABLE MR. JUSTICE M.JOTHIRAMAN Rajmohan ... Petitioner Vs State of Tamil Nadu Rep. by the Inspector of Police, Tanjore Police Station, CSCID-Madurai.

... Respondent For Petitioner : Mr.K.C.Maniyarasu 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.90 of 2025 on the file of the respondent police. 1/5

ORDER : The Court made the following order :- The petitioner/sole accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 6(4) of TNSC (RDCS) order 1982 r/w. 7(1)(a)(ii) of Essential Commodities Act, 1955, in Crime No.90 of 2025, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 18.04.2024, around 2.00 p.m., when the respondent police was on patrol duty, on secret information, they stopped a vehicle bearing Reg.No.TN55 AP 1642 Belero Maxx. On seeing the police official, the driver of the vehicle escaped from the place of occurrence. The respondent police found 1400 kgs. of PDS rice in the vehicle. Hence, the case.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he is not involved in any offence as alleged by the prosecution. Therefore, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor submits that the petitioner is the owner of the vehicle, in which, 1400 kgs. of PDS rice has been transported. On seeing the police official, the driver of the vehicle ran away from the place of occurrence. Thereafter, the respondent Police seized the offending vehicle and PDS rice. Therefore, he opposes to grant anticipatory bail to the petitioner. However, he fairly submits that the petitioner is not having any previous case. 2/5

5. Considering the nature of the allegations and also considering the fact that the petitioner is not having any previous case, this court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Thanjavur, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and 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 daily at 10.30 a.m. until further orders.

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

[d] the petitioner shall not abscond either during investigation or trial. 3/5

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

sd/- 08/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY TO

1. THE JUDICIAL MAGISTRATE NO.II, THANJAVUR.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT @ KUMBAKONAM.

3. THE INSPECTOR OF POLICE, TANJORE POLICE STATION, CSCID-MADURAI.

4. THE ADDITIONAL PUBLIC PROSECUTOR, 4/5

MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.K.C.MANIYARASU, Advocate ( SR-5356[I] dated 08/05/2025 )

ORDER

IN CRL OP(MD) No.8391 of 2025 Date :08/05/2025 HPS/29.05.2025 /5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5