Vijayabai 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

1. Vijayaybai, S/o.Pushparaj

2. Sujith Dev S/o.Perumal ... petitioners/Accused Vs.

The State of Tamil Nadu, Rep. by, the Inspector of Police, Civil Supplies CID, Tirunelveli.

(Crime No.70 of 2025) ... Respondent/Complainant For petitioners : Mr.Jagadeesha Pandian, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/6

PRAYER :- For Anticipatory Bail in Crime No.70 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under section 6(4) of Tamilnadu Scheduled Commodities (RDCS) Order 1982 r/w. Section 7(l)(a)(ii) of Essential Commodities Act, 1955 in Crime No.70 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioners along with other accused have illegally transported 2135 Kilograms of PDS rice by using Goods Carrier vehicle. Hence, a case has been registered.

3. The learned counsel appearing for the petitioners submits that the petitioners are no way connected with the alleged occurrence. He further submits that this Court has granted anticipatory bail to the co-accused No.3 in Crl.O.P.(MD) No.9251 of 2025 dated 04.06.2025. Hence, he seeks anticipatory bail to the petitioners.

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4. The learned Government Advocate (Crl. side) submits that there are totally six accused persons in this case, and the petitioners have been arrayed as A1 and A2. The market value of 2135 Kilograms of PDS rice would come to Rs.32,000/-, and the entire properties have been seized. He further submits that A1 is having 1 previous case and A2 is having two previous case. Hence, he opposed to grant anticipatory bail to the petitioners. However, he fairly concedes that the co-accused/A3 to A6 have been released on bail.

5. Taking into consideration of the facts and circumstances of the case and the nature of the offence, and taking into account of the fact that the co-accused have been released on bail, and considering the fact that the entire properties have been recovered, and also considering the fact that as the date of occurrence is 13.05.2025, by this time most of the investigation would have been completed, this court is inclined to grant anticipatory bail to the petitioners, with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate No.I, Tirunelveli, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees 3/6

Twenty Five Thousand only) each 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.I, Tirunelveli, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: (a) the petitioners 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 petitioners shall furnish his residential address and contact number to the learned Judicial Magistrate No.I, Tirunelveli. If the petitioners changes their residential address, they shall report the same to the concerned Court. (c) the petitioners shall deposit a sum of Rs.

10,000/- (Rupees Ten Thousand only) each before the District Siddha Medical Officer, CCRI, Periyakulam in State Bank of India, Periyakulam Branch bearing Account No.10767823177, IFSC No.SBIN000898, MICR Code No.625002601 as Nonrefundable deposit and on such deposit being made, the learned Judicial Magistrate No.I, Tirunelveli shall accept the sureties furnished by the petitioners. (d) the petitioners shall report before the respondent police daily at 10.30 a.m.

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(e) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(f) the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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/petitioners 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 (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1.THE JUDICIAL MAGISTRATE NO.I, TIRUNELVELI.

2. THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT.

3.THE INSPECTOR OF POLICE, CIVIL SUPPLIES CID, TIRUNELVELI.

4.THE OFFICER IN CHARGE, DISTRICT SIDDHA MEDICAL OFFICER, CCRI, PERIYAKULAM.

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

ORDER

IN CRL OP(MD) No.9813 of 2025 Date :12/06/2025 PR/24.06 .2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6