Karthick Raja v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/08/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Karthick Raja K, S/o.Karuppasamy 2.Karpagaprakash.M, S/o.Murugan ... Petitioners/Accused Vs The State of Tamil Nadu, Rep. by, the Sub-Inspector of Police, CSCID - Thoothukudi Police Station, Thoothukudi District.
(Crime No.105 of 2025) ... Respondent/Complainant For Petitioners : Mr.Vasantha Yugesh S, Advocate 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.105 of 2025 on the file of the Respondent Police. 1/6
ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 7(1)(a)(ii) of EC Act r/w. Section 6
(4) of TNSC (RDCS) Order, 1982 in Crime No.105 of 2025 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on 26.06.2025, at about 3.00 p.m., while the police were conducting a search near Kovilpatti Avalnatham Junction, they intercepted a Mahindra Bolero pickup vehicle bearing Registration No.TN-66AC-4028. The driver of the vehicle fled from the scene. Upon searching the vehicle, they found 25 sacks of PDS rice, each containing 50 kilograms. Hence, the present case.
3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and have not committed any offence as alleged by the prosecution. They have been falsely implicated in this case. He, however, submitted that the petitioners are willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioners.
4. The learned Government Advocate (Crl. side) submitted that there are totally three accused in this case and the petitioners have been arrayed as A1 and A2. He submitted that twenty previous cases have been registered against the 1st accused, 2/6
and thirteen previous cases have been registered against the 2nd accused. He further submitted that the entire properties have been recovered. However, he opposed to grant anticipatory bail to the petitioners.
5. Taking into consideration of the facts and circumstances of the case and the nature of the offence, and also taking note of the fact that the entire properties have already been recovered, and that as the date of occurrence is 26.06.2025, by this time material part of the investigation might have been completed, this court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.IV, Thoothukudi, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate No.IV, Thoothukudi, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
(a) the petitioners 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 3/6
card or Bank pass Book to ensure their identity; (b) the petitioners shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the credit of Environmental Committee operated by Registrar (Judicial) Account No.7633863037, MICR Code: 625019020, CIF No.30602376727, IFSC Code IDIBH040, High Court Branch, Madurai, without prejudice to his right and contentions before the trial Court as Non-refundable deposit and on such deposit being made, the learned Judicial Magistrate No.IV, Thoothukudi, shall accept the sureties furnished by the petitioners; (c) the petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate No.IV, Thoothukudi. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate No.IV, Thoothukudi;
(d) the petitioners shall stay at Salem and sign before the Inspector of Police, Shevapet Police Station, Salem daily twice i.e. at 10.00 a.m. and 05.00 p.m. until further orders;
(e) the petitioners shall not tamper with evidence or witness either during investigation or trial;
(f) the petitioners shall not abscond either during investigation or trial; (g) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial 4/6
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 themselves 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/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 13/08/2025 / TRUE COPY / /2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
mkn TO 1.The Judicial Magistrate No.IV, Thoothukudi. 2.The Inspector of Police, CSCID - Thoothukudi Police Station, Thoothukudi District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Copy to 1.The Inspector of Police, Shevapet Police Station, Salem. 2.The Section Officer, Accounts Section, Madurai Bench of Madras High Court, Madurai.
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ORDER
IN CRL OP(MD) No.11921 of 2025 Date :13/08/2025 NBF/SAR- /28/08/2025/ 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6