Soundrapandi v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI
1. Soundrapandi, S/o.Mani, 2/432, K.K.S Compound, Manthopu, Vandiyur, Madurai.
2. Arjun Babu, S/o.Sathiyamohan, M.Karisalkulam, Manamadurai, Sivagangai District.
..Petitioners/ Accused Nos.1&2 Vs The State of TamilNadu rep.by The Inspector of Police, Civil Supplies - CID, Ramanathapuram District.
(Crime No.55 of 2025) .. Respondent/Complainant For Petitioner : M/s.K.Sathish Kumar Advocate.
For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) 1/6
PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.55 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioners / Accused Nos.1&2, who were arrested and remanded to judicial custody on 23.05.2025 for the offences punishable under Sections clause 6(4) of TNSC (RDCS) Order 1982 r/w. Section 7(1)(a)(ii) of Essential Commodities Act, 1955 in Crime No.55 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 23.05.2025, the respondent police had conducted vehicle checkup, at that time, they found that the accused persons were illegally transported 73 bags of PDS rice each contained 50Kgs, totally they are in illegal possession of 3650Kgs of PDS rice. Hence, the case.
3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. The petitioners are ready and willing to abide and conditions that may be imposed by this Court. He would further submit that the petitioners are in custody from 23.05.2025 nearly 24 days. Hence, he seeks bail. 2/6
4. The learned Government Advocate (Criminal Side) would submit that the respondent police found that the petitioners were illegally transported 73 bags of PDS rice each contained 50Kgs. The PDS rice and offending vehicle were recovered by the respondent police. The property is worth about Rs.21,000/-. In this case, the first accused is having one previous case and the second accused is having two previous cases. The Accused No.3 was absconded and he is not yet arrested by the respondent police. Hence, he strongly objected to grant bail to the petitioner.
5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that the properties were already seized by the respondent police, the petitioners/accused are remanded into judicial custody on 23.05.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioners, subject to the following conditions:
6. Accordingly, the petitioners are ordered to be released on bail on executing separate bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties, each for a like sum to the satisfaction of Judicial Magistrate No.II, Ramanathapuram District and on further conditions that :- 3/6
[a] 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 make a non-refundable deposit of Rs.15,000/- (Rupees Fifteen Thousand only) each to the credit of the Mediation and Conciliation Centre, Madurai Bench of Madras High Court, Madurai, without prejudice to their defence before the trial Court and produce the acknowledgment at the time of executing bond;
[c] The petitioners shall furnish their residential address and contact numbers to the Judicial Magistrate No.II, Ramanathapuram District. If the petitioners changes their residential address, they shall report the same to the Judicial Magistrate No.II, Ramanathapuram District;
[d] the petitioners shall appear and sign before the respondent police daily at 10.30 a.m. until further orders.
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[e] the petitioners shall not abscond either during investigation or trial. [f] the petitioners shall not tamper with evidence or witness 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 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]. [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
sd/- 16/06/2025 / TRUE COPY / 16/06/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
GVN 5/6
TO 1 THE JUDICIAL MAGISTRATE NO.II RAMANATHAPURAM DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT.
3 THE INSPECTOR OF POLICE, CIVIL SUPPLIES-CID, RAMANATHAPURAM DISTRICT.
4 THE OFFICER INCHARGE, DISTRICT JAIL, RAMANATHAPURAM.
5 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. (HARD & SOFT COPY) +1 CC to M/s.K.SATHISH KUMAR, Advocate ( SR-6344[I] dated 16/06/2025 )
ORDER
IN CRL OP(MD) No.9967 of 2025 Date :16/06/2025 SS/SAR- /16/06/2025/ 6P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6