S.Sonaimuthu v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI S.Sonaimuthu, S/o.Selvam ... Petitioner/Accused Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Civil Supplies C.I.D., Madurai.

(Crime No.84 of 2025) ... Respondent/Complainant For Petitioner : Mr.T.Leninkumar, Advocate For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.84 of 2025 on the file of the Respondent Police. 1/6

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under section 6(4) of TN Scheduled Commodities (RDCS) Order 1982 r/w. Section 7(1)(a)(ii) of Essential Commodities Act, 1955 in Crime No.84 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the accused had illegally transported 13 bags of PDS rice, each containing 43 Kilograms. Hence, a case has been registered.

3. The learned counsel appearing for the petitioner submits that the petitioner is no way connected with the alleged offence as stated by the prosecution. He has been falsely implicated in this case solely on the basis of the confession of the co-accused. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. side) submits that the petitioner has been arrayed as A1 in this case. A2 has been arrested and subsequently released on bail. He further submits that there are two previous cases against the petitioner. Hence, he opposed to grant anticipatory bail to the petitioner. 2/6

5. Taking into consideration of the facts and circumstances of the case and the nature of the offence, and also considering the fact that the co-accused has been arrested and subsequently released on bail, this court is inclined to grant anticipatory bail to the petitioner, subject to 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 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 Judicial Magistrate No.III, Madurai, 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 deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of the District Siddha Medical Officer, CCRI, Periyakulam in State 3/6

Bank of India, Periyakulam Branch bearing Account No.10767823177, IFSC No.SBIN000898, MICR Code No.625002601, as Non-refundable deposit and on such deposit being made, the learned Judicial Magistrate No.III, Madurai shall accept the sureties furnished by the petitioner;

(c) the petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate No.III, Madurai. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.III, Madurai;

(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; 4/6

(h) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 12/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

MKN TO 1 THE JUDICIAL MAGISTRATE NO.III MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE MADURAI.

3 THE INSPECTOR OF POLICE, CIVIL SUPPLIES C.I.D, MADURAI.

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.T.LENIN KUMAR, Advocate ( SR-6296[I] dated 13/06/2025 ) 5/6

ORDER

IN CRL OP(MD) No.9371 of 2025 Date :12/06/2025 SS/SAR- /23/06/2025/ 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6