← Library
Madras High CourtCRL OP(MD)/11750/2026granted

A.Kumar v. State Of Tamilnadu Rep. By The Inspector Of Police

2026-06-22Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/06/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL

1. A.Kumar

2. K.Raja ... Petitioners/Accused Vs State of Tamilnadu Rep. by, The Inspector of Police, Civil Supplies C.I.D., Madurai.

Crime No. 135/2026..

... Respondent/Complainant For Petitioners : Mr.Yogeswaran S, For Respondent : Mr.N.Balasubramanian, Counsel for State of TN (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 135 of 2026 on the file of the respondent Police. 1/6

ORDER : The Court made the following order :- The petitioners / Accused, who were arrested and remanded to judicial custody on 06.06.2026 for the offences punishable under Clause 6(2), 6(3), 6(4) of TNSC (RDCS) Order 1982 r/w 7(1)(a)(II) of Essential Commodities Act, 1955 in Crime No. 135 of 2026 on the file of the respondent police, seek bail.

2. The case of the prosecution is that on 06.06.2026, the respondent were conducting regular vehicle check at Sellur and found that an Autorickshaw bearing registration No.TN 30 F 0354 was loaded with 25 bags of boiled rice (each containing 50 kgs). The first petitioner is the owner of the vehicle and the 2nd petitioner is the load man. Hence the case.

3. The learned counsel appearing for the petitioner would submit that the petitioners are innocent and they were falsely implicated in this case and they have not committed any offence as alleged by the prosecution. The petitioners have been arrested and remanded to 2/6

judicial custody on 06.06.2026. Therefore, prayed to grant bail for the petitioners.

4. The learned Counsel for State of TN (Crl.Side) appearing for the respondent would submit that the accused persons were found in illegal possession of P.D.S. Rice. Considering the previous antecedents of the petitioners, stage of investigation and the offences are grave in nature, he strongly opposed to grant bail to the petitioners.

5. This Court heard both sides and perused the materials available on record.

6.Considering the rival submissions made by the learned counsel on either side, the nature of the offence and the facts that though the petitioners have previous cases to their credits, the petitioners have got bail in the previous cases registered against them and also considering the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners subject to the following conditions:

3/6

[a] Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.III, Madurai, and on further conditions that: [b] the petitioners shall report before the respondent police on every Saturday at 10.30 a.m., for a period of four weeks and thereafter as and when required for interrogation. [c] the petitioners shall not commit any offence similar to the offence of which they are accused, or suspected, or of the commission of which they are suspected;

[d] the petitioners shall not abscond either during investigation or trial;

[e] the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence;

4/6

[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(P D B J) 22.06.2026 PNM TO

1. The Judicial Magistrate No.III, Madurai

2. The Superintendent, Sub Jail, Thirumangalam

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

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

5/6

P. DHANABAL,J PNM

ORDER

IN CRL OP(MD) No.11750 of 2026 Date : 22/06/2026 6/6