Muthukumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI CRL OP(MD). No.10915 of 2025 Muthukumar, S/o.Jeyamurugan ... Petitioner/A2 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Civil Supplies CID, Virudhunagar.

(Crime No.85 of 2025) ... Respondent/Complainant For Petitioner : Mr.Beemarao M., 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.85 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent

police for the offences punishable under Section 6(4) of TN Scheduled Commodities (RDCS) Order, 1982 r/w. Section 7(1)(a)(ii) of Essential Commodities Act, 1955 in Crime No.85 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 20.06.2025, the 1st accused was found in illegal possession of 1,150 kilograms of PDS rice. Based on his confession, the petitioner has been arrayed as the 2nd accused in this case. Hence, the present case.

3. The learned counsel 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. He has been implicated in this case solely based on the confession of the co-accused. 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 to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that there are totally two accused persons in this case and the petitioner has been arrayed as A2. A1 was arrested and subsequently released on bail. He further submitted that there are no previous cases registered against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and taking note of the fact that as the date of occurrence is 20.06.2025, by this time most of the investigation might have been completed, and that the co-accused has been arrested and subsequently released on bail, 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 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 learned Judicial Magistrate No.1, Virudhunagar on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten 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 learned Judicial Magistrate No.1, Virudhunagar 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 deposit a sum of Rs.7,000/- (Rupees Seven Thousand only) to the credit of the 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 as non-refundable deposit and on such deposit being made, the learned Judicial Magistrate No.1, Virudhunagar shall accept the sureties furnished by the petitioner; (c) the petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate No.1, Virudhunagar. In the event of any change in their residential address, the petitioner shall report the same to the learned Judicial Magistrate No.1, Virudhunagar;

(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; (h) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

Sd/- 07.07.2025 // True Copy // / /2025 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

mkn TO 1.The Judicial Magistrate No.1, Virudhunagar.

2. Do through the Chief Judicial Magistrate, Virudhunagar at Srivalliputhur.

3.The Inspector of Police, Civil Supplies CID, Virudhunagar 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5. The M.S.Chellamuthu Trust and Research Foundation, Vinayaganagar Branch No.8, Dr.Ambedkar Road, Madurai - 20 +1cc M/s. M.Beema Rao Advocate S.R.No. 7320 Dated.09/07/2025

ORDER

IN CRL OP(MD) No.10915 of 2025 Date : 07/07/2025 CT (23/07/2025) 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023