V.Poor Pandi 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 V.Poor Pandi, S/o.Velu ... Petitioner/Accused Rank Not Known Vs.
The State of Tamil Nadu, Rep. by the Inspector of Police, C.S.C.I.D Police Station, Sivagangai District.
Crime No.103 of 2025) ... Respondent/Complainant For Petitioner :
Mr.K.Dinesh, 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.103 of 2025 on the file of the Respondent Police. 1/6
ORDER : The Court made the following order :- The petitioner/Accused Rank Not Known, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 6(4) of the Tamil Nadu Scheduled Commodities (RDCS) Order 1982 r/w 7(1)(a)(ii) of the Essential Commodities Act, 1955 in Crime No.103 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that based on the secret information, the respondent and his team had conducted a search, during which, they found that the accused were found in illegal transportation of 50 bags of PDS rice each containing 50 kilograms. Hence the case.
3. The learned counsel for the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution and he has been falsely implicated in this case. He would further submit that based on the confession statement of the co-accused, the petitioner has been implicated in this case and the co-accused/A2 and A3 were already granted by the learned Judicial Magistrate No.I, Sivagangai. Furthermore, the petitioner is ready to abide by any conditions to be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) would submit that the petitioner along with other accused were found in illegal transportation of 50 bags 2/6
of PDS rice each containing 50 kilograms. He would further submit that A1 was detained under the Goondas Act, and A2 and A3 were already released on bail by the learned Judicial Magistrate No.1, Sivagangai, and the petitioner is having two previous cases, which are similar in nature. Hence, he opposed to grant anticipatory bail to the petitioner. However, he fairly concedes that entire property has been recovered.
5. Considering the facts and circumstances of the case, and taking into account of the fact that A2 and A3 were already released on bail by the learned Judicial Magistrate No.1, Sivagangai and also considering the fact that entire property has been recovered, 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 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 No.1, Sivagangai, 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 No.1, Sivagangai and on further conditions that:
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(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 Judicial Magistrate No.1, Sivagangai. In the event of any change in his residential address, the petitioner shall report the same to the Judicial Magistrate No.1, Sivagangai;
[c] the petitioner shall make a non refundable deposit of Rs.20,000/- (Rupees Twenty Thousand only) each to the credit of the M.S.Chellamuthu Trust and Research Foundation, Current Account No.11194450660, IFSC Code No.SBIN0001479, MICR No.625002006 in the 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; (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 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.
mac TO 1 THE JUDICIAL MAGISTRATE NO.I SIVAGANGAI.
2 THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT.
3.The Inspector of Police, C.S.C.I.D Police Station, Sivagangai District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
COPY TO:
The officer incharge, M.S.Chellamuthu Trust and Research Foundation, Vinayaganagar Branch No.8, Dr.Ambedkar Road, Madurai - 20 +1. CC to Mr.K.DINESH Advocate SR.No.33824 Dated :13/06/2025 5/6
ORDER
IN CRL OP(MD) No.9739 of 2025 Date :12/06/2025 MK/23.06.2025 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6