Mahentiran v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Mahentiran, S/o.Koppulan .. Petitioner/Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Civil Supplies CID, Ramanathapuram.

(Crime No.76 of 2025) .. Respondent/Complainant For Petitioner : Mr.Lenin Kumar 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.76 of 2025 on the file of the Respondent Police. 1/6

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under clause 6(4) of TNSC (RDCS) Order 1982 r/w.7(1) (a)(ii) of Essential Commodities Act, 1955 in Crime No.76 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 12.06.2025, the special Thasildar and other officials were conducted a vehicle checkup, at that time, a TATA sumo car came towards the Kamakari Balasubramanya Swamy Kovil Street, the officials intercepted the vehicle and inspected vehicle and found that 53 bags of boiled rice (each contains 50Kgs) were illegally transported by the petitioner. The respondent police seized the properties. Hence, the case.

3. The learned counsel for the petitioner would submit that the respondent police lodged a false case against this petitioner. The petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The petitioner is ready and willing to abide any conditions which may be imposed by this Hon'ble Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that the petitioner was illegally transported 53 bags of boiled rice (each contained 50Kgs). 2/6

The respondent police recovered the property and vehicle was also seized. There is no previous case against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and also considering the fact that the property and vehicle were seized by the respondent police, there is no previous case against the petitioner, 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 anticipatory 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 Judicial Magistrate No.II, Ramanathapuram 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 Judicial Magistrate No.II, Ramanathapuram 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 make a non refundable deposit of Rs.15,000/- (Rupees 3/6

Fifteen Thousand only) to 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 No.II, Ramanathapuram shall accept the sureties furnished by the petitioner;

(c) the petitioner shall furnish his residential address and contact number to the learned Judicial Magistrate No.II, Ramanathapuram. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.II, Ramanathapuram;

(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 4/6

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/- 23/06/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

gvn TO 1.The Judicial Magistrate No.II, Ramanathapuram.

2. Do Through The Chief Judicial Magistrate, Ramanathapuram.

3.The Inspector of Police, civil Supplies CID, Ramanathapuram.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy To M.S.Chellamuthu Trust and Research Foundation, Vinayaganagar Branch No.8, Dr. Ambedkar Road, Madurai - 20.

+1 CC to M/s.T.LENIN KUMAR, Advocate ( SR-6751[I] dated 25/06/2025 ) 5/6

ORDER

IN CRL OP(MD) No.10424 of 2025 Date :23/06/2025 HPS/10.07.2025 /6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6