A.Balamurugan v. The State Of Tamilnadu Rep.By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI A.Balamurugan, S/o.Ayyavu ... Petitioner/A1 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Uttampalayam CSCID Police Station, Uttampalayam - 625533 Theni District.
(Crime No.86 of 2025) ... Respondent/Complainant For Petitioner : Mr.M.Karuppasamy Pandian, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.86 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 6(4) of TN Scheduled Commodities 1/5
(RDCS) Order, 1982 r/w. Section 7(1)(a)(ii) of Essential Commodities Act, 1955 in Crime No.86 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 19.05.2025, the accused illegally transported 1200 Kilograms of PDS rice in a vehicle bearing Registration No.KL-281035. Hence, the case.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and is in no way connected with the alleged occurrence as stated by the prosecution. He has been implicated in this case solely based on the confession of A2 and A3. Hence, he seeks anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) submitted that there are totally three accused persons in this case and the petitioner has been arrayed as A1. A2 and A3 were arrested and subsequently released on bail on 28.05.2025 by the learned Judicial Magistrate, Uthamapalayam in Crl.M.P.No.622 of 2025. He further submitted that there are four previous cases against the petitioner. Hence, he opposed to grant anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case, and taking note of the fact that the date of occurrence is 19.05.2025, and that by now, most of the investigation would likely have been completed, and that the co-accused have been arrested and released on bail, this Court is inclined to grant anticipatory bail to the 2/5
petitioner, subject to certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Uthamapalayam, Theni District on condition that the petitioner shall execute a bond for a sum of Rs.
25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Uthamapalayam, Theni District and on further conditions 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.
(c) the petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate, Uthamapalayam, Theni District. In the event of any 3/5
change in their residential address, the petitioner shall report the same to the learned Judicial Magistrate, Uthamapalayam, Theni District; (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 thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 17/06/2025 / 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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MKN TO 1 THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM, THENI DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE THENI DISTRICT.
3 THE INSPECTOR OF POLICE, UTTAMPALAYAM CSCID POLICE STATION, UTTAMPALAYAM - 625533 THENI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE CO-ORDINATOR MEDIATION AND CONCILIATION CENTRE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.9645 of 2025 Date :17/06/2025 SA/SAR. /02.07.2025/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5