Rajesh @ Andavar Rajesh v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.07.2025 PRESENT THE HONOURABLE MR. JUSTICE P.VADAMALAI CRL OP(MD). No.11524 of 2025 Rajesh @ Andavar Rajesh, M/43 S/o.Ramakrishnan ... Petitioner/Accused No.1 Vs The State of Tamilnadu, Rep by the Inspector of Police, Civil Supplies C.I.D, Virudhunagar.

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

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences 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, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused persons had illegally transported 43 bags of rice (each containing 50 kgs). Hence, 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 co-accused had already been released on bail by the Judicial Magistrate No.1, Virudhunagar in Crl.M.P.Nos.788, 750 and 757 of 2025 dated 25.06.2025. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that the property has been recovered and there is no previous case pending as against the petitioner. He further submitted that the investigation is almost completed. However, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that the property has also been recovered and the material part of the investigation might

have been completed, 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 Judicial Magistrate No.1, Virudhunagar, 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.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 make a non refundable deposit of Rs.20,000/- (Rupees Twenty 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 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 Judicial Magistrate No.1, Virudhunagar. In the event of any change in his residential address, the petitioner shall report the same to the 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/- 09.07.2025 // True Copy // / /2025 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

msrm

To 1.The Judicial Magistrate No.1, Virudhunagar.

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

3. The Inspector of Police, Civil Supplies C.I.D, Virudhunagar.

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

5. The M.S.Chellamuthu Trust and Research Foundation, Dr.Ambedkar Road, Madurai - 20, +1cc M/s. T.Lenin kumar Advocate S.R.No. 7380 Dated. 10/07/2025

ORDER

IN CRL OP(MD) No.11524 of 2025 09.07.2025 CT (24/07/2025) 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023