Sivasankar v. The State Of Tamil Nadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Sivasankar, S/o.Saravanan : Petitioner/A2 Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Civil Supplies C.I.D., Madurai District.

(Crime No.132 of 2025) : Respondent/Complainant For Petitioner : Mr.T.Lenin 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.132 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- 1/5

The petitioner/A2, 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.132 of 2025 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 12.07.2025, the respondent police on surveillance a Force Trax vehicle bearing Reg. No.TN-04-G-0513, was parked near TVS nagar, Madurai, they made search in the said vehicle and seized 19 bags of boiled rice (each contains 50 kgs). Hence, the complaint. 3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is ready and willing to abide any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail.

4. The learned Government Advocate (Crl. side) submitted that on 12.07.2025, the respondent police on surveillance a Force Trax vehicle bearing Reg.No.TN-04-G0513, was parked near TVS nagar, Madurai, they made search in the said vehicle and seized 19 bags of boiled rice (each contains 50 kgs). He further submitted that 2/5

the value of the property is worth about Rs.33,215/- and the properties were recovered. He also submitted that the co-accused was arrested and released on bail. 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 12.07.2025, by this time most of the investigation might have been completed and taking note of the fact that the co-accused was released on bail, 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.III, Madurai, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten 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, Madurai, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: 3/5

(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.10,000/- (Rupees Ten Thousand only) to the credit of the Women Advocates Association, Indian Bank, High Court Branch, bearing Account No.770357420, IFSC No.IDIB000H040, and on such deposit being made, the learned Judicial Magistrate No.III, Madurai shall accept the sureties furnished by the petitioner; (c) the petitioner shall report before the respondent police daily at 10.00 a.m., 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; 4/5

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

sd/- 28/07/2025 / 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.III, Madurai.

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

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

Copy To The Secretary, Women Advocates Association, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.T.LENIN KUMAR, Advocate ( SR-8194[I] dated 30/07/2025 )

ORDER

IN CRL OP(MD) No.12425 of 2025 Date :28/07/2025 HPS/02.09.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5