Suresh v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Suresh, S/o.Palaniappan.

: Petitioner/A3 Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Dindigul Police Station, CSCID, Madurai District.

(Crime No.157 of 2025) ... Respondent/Complainant For Petitioner : Mr.Alagia Nambi, 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.157 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A3, who apprehends arrest at the hands of the respondent police 1/7

for the offences punishable under Section 6(4) of the Tamil Nadu Scheduled Commodities (Regulation of Distribution by Card System) Order, 1982 r/w. Section 7(l)(a)(ii) of Essential Commodities Act, 1955 in Crime No.157 of 2025 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that while the respondent police, along with the Special Tahsildar, were conducting a routine inspection, they noticed a lorry bearing Registration No.TN-59-AE-6852. They intercepted the said vehicle and upon inspection, they found 20 plastic gunny bags, each containing 50 kgs of Pulungal rice, totaling 1,000 kg, and 260 plastic gunny bags, each containing 50 kg of Kurunai rice, totalling 13,000 kgs. Subsequently, the driver of the vehicle/A2 confessed that the load had been booked by A1. It was further revealed that the said consignment was intended to be delivered to the petitioner/A3 at Namakkal. Hence, the present case.

3. The learned counsel appearing 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 arrayed as an accused in this case solely based on the confession of the co-accused. He submitted that A2 was 2/7

arrested and subsequently released on bail by the learned Judicial Magistrate No.III, Dindigul on 28.07.2025 in Crl.M.P.No.2031 of 2025. 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.

4.The learned Government Advocate (Crl. Side), submitted that there are totally three accused persons in this case and the petitioner has been arrayed as A3. A2 was arrested and subsequently released on bail by the learned Judicial Magistrate No.III, Dindigul on 28.07.2025 in Crl.M.P.No.2031 of 2025. The entire properties have been recovered, and the value of the rice is Rs.80,000/-. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case, the nature of the offence and also taking note of the fact that one of the co-accused was arrested and subsequently released on bail, and that the entire properties have already been recovered, and that as the date of occurrence is 11.07.2025, by this time most of the investigation might have been completed, this court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. 3/7

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 of receipt of copy of this order, before the learned Judicial Magistrate No.III, Dindigul, 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.

III, Dindigul, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 furnish his residential address and mobile number to the learned Judicial Magistrate No.III, Dindigul. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.

(c) the petitioner shall deposit a sum of Rs.30,000/- (Rupees Thirty Thousand 4/7

only) to the credit of the Crime No.157 of 2025 on the file of the respondent-police, without prejudice to the contentions raised by both the sides, before the learned Judicial Magistrate No.III, Dindigul, and on such deposit being made, the learned Judicial Magistrate No.III, Dindigul, shall accept the sureties furnished by the petitioner and learned Judicial Magistrate No.III, Dindigul, shall deposit the said amount in an interest bearing Fixed Deposit in any nationalized Bank initially for a period of one year and renew them periodically until the final order / judgment is passed in the case in Crime No.157 of 2025. The Trial Court shall decide the entitlement to the deposit amount at the time of passing the final order or judgment. (d) the petitioner shall report before the Inspector of Police, Namakkal Police Station, daily at 10.00 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 5/7

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/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 31/07/2025 / TRUE COPY / /08/2025 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.Iii, Dindigul.

2 Do Through The Chief Judicial Magistrate, Dindigul District.

3 The Inspector of Police, Dindigul Police Station, Cscid, Madurai District.

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4 The Inspector of Police, Namakkal Police Station, Namakkal District.

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

ORDER

IN CRL OP(MD) No.12182 of 2025 Date :31/07/2025 NM/20.08.2025/ 7P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7