S Pragadish v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI S Pragadish ... Petitioner/Accused Vs The State of Tamil Nadu, Rep By, The Inspector of Police, Civil Supplies C.I.D, Madurai.

Cr.No.60 of 2025.

... Respondent/Complainant For Petitioner : Mr. Lenin Kumar Advocate For Respondent : Mr.S.Prakash Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For anticipatory bail in Cr.No.60 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / accused, who apprehends arrest at the hands of the 1/5

respondent police for the offences punishable under sections 6(4) of TNSC (RDCS) Order 1982 r/w Section 7(1)(a)(ii) of Essential Commodities Act, 1955, in Crime No.60 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 05.05.2025, when the respondent - Police was on surveillance, they found that the petitioner herein and other accused have illegally transported 30 bags of PDS rice (each contains 40 kgs) by using a TATA 207 vehicle bearing Regn.No. TN 69 L 9976. Hence, a case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case. He further submitted that the co-accused has already been granted anticipatory bail by this Court in Crl.O.P(MD).No.8776 of 2025, dated 21.05.2025 and he seeks anticipatory bail.

4. The learned Government Advocate (Crl side) appearing for the respondent - Police submitted that there is no previous case pending against the petitioner. He further submitted that the investigation of the case is still pending and hence, he prays to dismiss this Criminal Original Petition.

5. Taking into consideration of the facts and circumstances of the case and that there is no previous case pending against the petitioner and also taking into 2/5

consideration of the fact that the co-accused has already been granted anticipatory bail by this Court, 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 is 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 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] and; (f)if the accused/petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

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

TRP TO

1. THE JUDICIAL MAGISTRATE NO.III, MADURAI,

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

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

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

+1 CC to M/s.T.LENIN KUMAR, Advocate ( SR-5977[I] dated 06/06/2025 )

ORDER

IN CRL OP(MD) No.9369 of 2025 Date :05/06/2025 PR/10.06 .2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5