L.Kandasamy v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P.VADAMALAI L.Kandasamy M/41 years, S/o.Lakshmanan ... Petitioner/Accused No.3 Vs State of Tamilnadu, Rep by the Inspector of Police, Civil Supplies and Crime Investigation Department, (CSCIED - Madurai) Uthamapalayam Police Station, Theni District.
... Respondent/Complainant For Petitioner : Mr.M.Dhinakar For Respondent : Mr.S.Prakash Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.114 of 2025 on the file of the Respondent Police.
ORDER : The Court made the following order :- 1/4
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 7(1)(a)(ii) of Essential Commodities Act, 1955 and 6(4) of TN Scheduled Commodities (RDCS) Order 1982, in Crime No.114 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The prosecution's case is that the defacto complainant who is the Deputy Tahsildar (flying squad) District supply and consumer protection was in her patrol duty along with his team, at that time, they found that the petitioner along with other accused persons have illegally transported 10,000 kgs of rice worth about of Rs.3,85,000/- Hence,a the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is a driver and he was only instructed to drive the vehicle to Theni SIDCO from Namakkal loaded by the owner of the vehicle. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Hon'ble Court. Hence, he seeks anticipatory bail to the petitioner.
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4. The learned Government Advocate (Criminal Side) submitted that there are three accused persons involved in this case and the petitioner is arrayed as A3. He further submitted that A1 was arrested and remanded to judicial custody and A2 absconding. He further submitted that the investigation is still pending. Hence, he opposed for grant of anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case and also the nature of the offence allegedly committed by the petitioner and co-accused was arrested and remanded to judicial custody and also taking note of the quantity of rice seized and the investigation is at initial stage, this Court is not inclined to grant anticipatory bail to the petitioner.
6. Accordingly, this Criminal Original Petition is dismissed. No costs. sd/- 25/06/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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To 1.The Inspector of Police, Civil Supplies and Crime Investigation Department, (CSCIED - Madurai) Uthmapalayam Police Station, Theni District.
2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.S.SATHYA CHIDAMBARAM, Advocate ( SR-6820[I] dated 26/06/2025 )
ORDER
IN CRL OP(MD) No.10605 of 2025 Date :25/06/2025 HPS/08.07.2025 /4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4