Muthupandi v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Muthupandi, S/o.Ramasamy.

: Petitioner/Accused Rank Not known Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Civil Supplies C.I.D., Tirunelveli City.

(Crime No.117 of 2025) : Respondent/Complainant For Petitioner : Mr.V.M.Jegadeesha Pandian, 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.117 of 2025 on the file of the Respondent Police. 1/6

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under clause 6(4) of TNSC (RDCS) Order 1982 r/w 7(1)(a)(ii) of Essential Commodities Act, 1955 in Crime No.117 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on secret information, on 30.06.2025, the respondent police made search in the occurrence place, the accused persons try to escape from the occurrence place. The respondent police waylaid the accused persons and seized ration rice totally 525 Kgs. Hence, a case has been registered. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he seeks anticipatory bail.

4. The learned Government Advocate (Crl. side) would submit that on 30.06.2025, on receiving secret information, the respondent police went to the occurrence place and they found that the petitioner is in possessions of 525 Kgs of rice 2/6

meant for public distribution system in his premises. He would further submit that the value of the property is worth about Rs.18,375/- and the petitioner is having three previous case similar in nature. He would also submit that the properties were recovered. However, he objected to grant anticipatory bail to the petitioner. 5.Taking into consideration of the facts and circumstances of the case and the nature of the offence, and considering the fact that the properties have already been recovered and also the fact that the date of occurrence is 30.06.2025, by this time most of the investigation might have been completed, this court is inclined to grant anticipatory bail to the petitioner, with certain conditions. 6.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Tirunelveli, 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 the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate No.

(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) each to the credit of the District Siddha Medical Officer, CCRI, Periyakulam in State Bank of India, Periyakulam Branch bearing Account No.10767823177, IFSC No.SBIN000898, MICR Code No.625002601, and on such deposit being made, the learned Judicial Magistrate No.I, Tirunelveli shall accept the sureties furnished by the petitioner;

(c) the petitioner shall report before the respondent police daily twice i.e., at 10.00 a.m. and 05.00 pm until further orders ; (d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioner shall not abscond either during investigation or trial; (f) 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 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] and; 4/6

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

sd/- 21/07/2025 / TRUE COPY / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

das TO 1 THE JUDICIAL MAGISTRATE NO.I, TIRUNELVELI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE, CIVIL SUPPLIES C.I.D., TIRUNELVELI CITY.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO:

The District Siddha Medical Officer, CCRI, Periyakulam 5/6

ORDER

IN CRL OP(MD) No.11976 of 2025 Date :21/07/2025 AS/13.08.2025/6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6