Lakshmanan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.05.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VADAMALAI Lakshmanan ... Petitioner / Accused rank not known Vs.

State of Tamil Nadu, Rep. By the Inspector of Police, CSCID Police Station, Tenkasi, Tenkasi District.

(Crime No.72 of 2025) ... Respondent Prayer: Criminal original petition filed under Section 482 of BNSS, to enlarge the petitioner / accused rank not known on bail in the event of his arrest in connection with a case in Crime No.72 of 2025 on the file of the first respondent police.

For Petitioner : Mr.S.Vishnuvardhan For Respondent : Mr.P.Kottai Chamy, Government Advocate(Crl. side).

* * *

O R D E R

The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 6(4) of Tamil Nadu Scheduled Commodities (RDCS) Order 1982 r/w. Section 7(1)(a)(ii) of the Essential 1/5

Commodities Act, 1955 in Crime No.72 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner had illegally kept in possession of 40 bags of PDS rice (each containing 50 Kgs.) and in total 2000 Kgs. Hence, the case has been registered.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and a false complaint has been foisted against him. He would further submit that the petitioner will never abscond and will not tamper the witnesses and also ready to abide by any condition imposed by this Court and hence, he seeks to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. side) would submit that the petitioner is having one previous case which is similar in nature.

5. Taking into consideration of the facts and circumstances of the 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 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.2, Tirunelveli on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees 2/5

Twenty Five 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 make a non refundable deposit of Rs.30,000/- (Rupees Thirty Thousand only) to the credit of M.S.Chellamuthu Trust and Research Foundation, Current Account No.11194450660, IFSC Code.SBIN0001479, MICR No.625002006, State Bank of India, Vinayaganagar Branch, No.8, Dr.

Ambedkar Road, Madurai - 20 and on such deposit being made, the learned Judicial Magistrate shall accept the sureties furnished by the petitioner; (c) the petitioner shall report before the respondent police daily at 10.30 a.

(e)the petitioner shall not abscond either during investigation or trial; (f)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial 3/5

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; (g)if the accused/petitioner thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/- 21/05/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

PMU TO 1 THE JUDICIAL MAGISTRATE NO.2, TIRUNELVELI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE, CSCID POLICE STATION, TENKASI, TENKASI DISTRICT.

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

4/5

COPY TO:

THE OFFICER INCHARGE, M.S.CHELLAMUTHU TRUST AND RESEARCH FOUNDATION, MADURAI.

ORDER

IN CRL OP(MD) No.9011 of 2025 Date :21/05/2025 SA/SAR. /02.06.2025/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5