M.Karnan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI M.Karnan, S/o.Madamuthu ... Petitioner/A1 Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, CS-CID, Dindigul.

(Crime No.157 of 2025) ... Respondent/Complainant For Petitioner : Mr.Niranjan S.Kumar, 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. 1/6

ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police 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 kg of Pulungal rice, totaling 1,000 kg, and 260 plastic gunny bags, each containing 50 kg of Kurunai rice, totaling 13,000 kg. Subsequently, the driver of the vehicle/A2 confessed that the load had been booked by the petitioner/A1. It was further revealed that the said consignment was intended to be delivered to the 3rd accused 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 2nd accused. He submitted that A2 was arrested and 2/6

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), by filing a counter affidavit, submitted that there are totally three accused persons in this case and the petitioner has been arrayed as A1. 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/-. He further submitted that there are three previous cases registered against the petitioner. Hence, he strongly 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 considering the strong objection raised by the learned Government Advocate (Criminal Side), 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 3/6

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 Special Judge for Essential Commodities Act, 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 Special Judge for Essential Commodities Act, 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 Special Judge for Essential Commodities Act, Dindigul.

In the event of any change in his residential address, the petitioner shall report the same to the learned Special Judge for Essential Commodities Act, Dindigul; (c) the petitioner shall deposit a sum of Rs.80,000/- (Rupees Eighty Thousand only) to the credit of the Crime No.

without prejudice to the contentions raised by both the sides, before the learned Special Judge for Essential Commodities Act, Dindigul, and on such deposit being made, the learned Special Judge for Essential Commodities Act, Dindigul shall accept the sureties furnished by the petitioner and learned Special Judge for Essential Commodities Act, 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, Virudhunagar Town Police Station, Virudhunagar 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 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; 5/6

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

sd/- 30/07/2025 / 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 Special Judge, For Essential Commodities Act, Dindigul. 2 The Inspector of Police, CS-CID, Dindigul. 3 The Inspector of Police, Virudhunagar Town Police Station, Virudhunagar. 4 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.12248 of 2025 Date :30/07/2025 NBF/SAR- /25/08/2025/ 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6