Madras High CourtCRL OP(MD)/8923/2025allowed

Ajithkumar v. The State Of Tamilnadu

2025-06-03Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/06/2025 PRESENT The HONOURABLE MS. JUSTICE P. VADAMALAI Ajith Kumar ... Petitioner/Accused No.2 Vs.

The State of Tamilnadu, Rep. by the Inspector of Police, C.S.C.I.D., Police Station, Madurai District (Crime No.66 of 2025).

... Respondent/Complainant For Petitioner : Mr.K.Sheenivasan Advocate.

For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.66 of 2025 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused No.2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 6(4) of the Tamil Nadu Scheduled Commodities Act, 1982 read with Section 7(1)(a)(ii) of the Essential 1/5

Commodities Act, 1955 in Crime No.66 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with another accused were found to be illegally transporting 1160 Kilograms of PDS rice in a TATA ACE Vehicle bearing Registration No.TN 59 AD 6489, without any valid licence or permit. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is only a load man and he has been falsely implicated in this case. Further, the petitioner has not committed any offence as alleged by the prosecution. Hence, he seeks anticipatory bail.

4. The learned Government Advocate (Crl. Side) would submit that the petitioner/A2 along with another accused were found in possession of 1160 Kilograms of PDS rice. He would further submit that no previous case pending against the petitioner and the co-accused/A1 was released on bail by the learned Judicial Magistrate No.III, Madurai in Crl.M.P.3229 of 2025 dated 22.05.2025. However, he objected to grant anticipatory bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also the fact that there is no previous case against the petitioner and the co-accused was released on bail by the learned Judicial Magistrate No.III, Madurai in Crl.M.P.3229 of 2/5

2025 dated 22.05.2025, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions:

6. Accordingly, the petitioner is ordered to be released on 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.III, Madurai 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 furnish his residential address and mobile number to the learned Judicial Magistrate No.III, Madurai. If the petitioner changes his residential address, he shall report the same to the concerned Court.

(c)the petitioner shall make a non refundable deposit of Rs.5,000/- (Rupees Five Thousand only) to the credit of the District Siddha Medical Officer, CCRI, Periyakulam in State Bank of India, Periyakulam Branch bearing Account 3/5

No.10767823177, IFSC No.SBIN000898, MICR Code No.625002601 and on such deposit being made, the learned Judicial Magistrate shall accept the sureties furnished by the petitioner;

(d)the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

(e)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(f)the petitioner shall not abscond either during investigation or trial; (g)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] and; (h)if the accused/petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 03/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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MAC TO 1 THE JUDICIAL MAGISTRATE NO.III MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE, C.S.C.I.D., POLICE STATION, MADURAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO:

THE DISTRICT SIDDHA MEDICAL OFFICER, CCRI, PERIYAKULAM.

+1 CC to M/s.K.DINESH, Advocate ( SR-5892[I] dated 04/06/2025 )

ORDER

IN CRL OP(MD) No.8923 of 2025 Date :03/06/2025 SA/SAR. /10.06.2025/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5