A.Hakkim v. The State Of Tamilnadu Rep.By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI A.Hakkim, S/o.Abdul Lathief ... Petitioner/Accused Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Civil Supplies C.I.D., Uthamapalayam, Theni District.
(Crime No.114 of 2025) ... Respondent/Complainant For Petitioner : Mr.Lenin Kumar, Advocate For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/7
PRAYER :- For Anticipatory Bail in Crime No.114 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 respondent police for the offences punishable under Clause 6(4) of TN Scheduled Commodities (RDCS) Order, 1982 r/w. Section 7(1)(a)(ii) of Essential Commodities Act, 1955 in Crime No.114 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 13.06.2025, while the Special Tahsildar, Flying Squad, Theni, was conducting a vehicle check to detect the smuggling of scheduled commodities, a lorry bearing Registration No.TN-25-AK-8021 was proceeding towards the Theni SITCO unit. When the government official intercepted and inspected the said vehicle, he found it loaded with 220 bags of rice, each weighing 50 kilograms. Hence, a case has been registered.
3. The learned counsel appearing 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. The petitioner has been falsely implicated as an accused solely based on the confession of the 1st accused. He has produced 2/7
purchase receipts for the rice, stating that the rice transported by the petitioner was not PDS rice, but merely broken rice purchased from the open market. He, however, submitted that the petitioner is willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail.
4. The learned Government Advocate (Crl. side) submitted that the petitioner has been arrayed as A2 in this case. A1 was arrested and subsequently released on bail on 26.06.2025 by the learned Judicial Magistrate, Uthamapalayam in Crl.M.P.No.721 of 2025. Upon investigation of the 1st accused, it was revealed that the petitioner is the mastermind behind this theft. He submitted that the entire properties have already been recovered. He further submitted that there is one previous case of a similar nature registered against the petitioner. Hence, he strongly opposed to grant anticipatory bail to the petitioner.
5. Taking into consideration of the facts and circumstances of the case and the nature of the offence, and taking note of the fact that as the date of occurrence is 12.06.2025, by this time most of the investigation might have been completed, and that the entire properties have already been recovered, and that one of the coaccused was arrested and subsequently released on bail, this court is inclined to 3/7
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 made ready, before the learned Judicial Magistrate, Uthamapalayam, 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 the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Uthamapalayam, 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 deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) to the credit of Environmental Committee operated by Registrar (Judicial) Account No.7633863037, MICR Code: 625019020, CIF No.
the sureties furnished by the petitioner;
(c) the petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate, Uthamapalayam. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Uthamapalayam;
(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; 5/7
(h) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 04/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.
mkn TO 1.The Judicial Magistrate, Uthamapalayam.
2. Do through the Chief Judicial Magistrate, Theni District.
3. The Section Officer, Account Section, Madurai Bench of Madras High Court, Madurai.
4.The Inspector of Police, Civil Supplies C.I.D., Uthamapalayam, Theni District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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+1 CC to M/s.T.LENIN KUMAR, Advocate ( SR-7186[I] dated 07/07/2025 )
ORDER
IN CRL OP(MD) No.10312 of 2025 Date :04/07/2025 PS/SAR.22.07.2025 7P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7