Varatharajan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Varatharajan, S/o.Annadurai : Petitioner/A2 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Civil Supplies C.I.D., Madurai.

(Crime No.133 of 2025) : Respondent/Complainant For Petitioner : Mr.T.Lenin Kumar, 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.133 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the 1/6

respondent police for the offences punishable under Clause 6(4) of TN Scheduled Commodities (RDCS) Order 1982 r/w Section 7 (1)(a)(ii) of Essential Commodities Act, 1955 in Crime No.133 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the accused had illegally stocked 34 bags of boiled rice (each contains 50kg) (totally 1700kgs) in front of one Packiam's house near Radha Mahal. Upon inspection by the respondent, the said illegal hoarding of PDS rice meant for public distribution was detected. Hence, a case has been registered.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution, and he has been falsely implicated in this case based on the confession of co-accused. He also submitted that there is no recovery from the petitioner and the first accused was already released on bail by the learned Judicial Magistrate No.III, Madurai, in Crl.M.P.No.4938 of 2025. He further submitted that the petitioner is ready to abide any condition that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner. 2/6

4.The learned Government Advocate (Crl.Side) submitted that on 12.07.2025, based on secret information, the respondent police conducting a search in front of one Packiam's house near Radha Mahal and they have recovered 34 bags of boiled rice (each contains 50 kg) (totally 1700 kgs). He further submitted that the entire properties have been recovered and the value of the property is worth about Rs.9,600/-. The petitioner is not having any previous case. However, he opposed 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 entire properties have been recovered and the occurrence had taken place on 12.07.2025, by this time most of the investigation might have been completed and also the fact that the petitioner is not having any previous case, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.III, 3/6

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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Judicial Magistrate No.III, Madurai, 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 deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of the Environmental Committee operated by Registrar (Judicial), Indian Bank, Account No.7633863037, MICR Code:625019020, CIF No.30602376727, IFSC Code : IDIBH040, High Court Branch, Madurai, without prejudice to his rights and contentions before the trial Court as Non-refundable deposit and on such deposit being made, the learned Judicial Magistrate No.III, Madurai, shall accept the sureties furnished by the petitioners.

(c) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

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

sd/- 25/07/2025 / 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, MADURAI.

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2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

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

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

COPY TO 1 THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.T.LENIN KUMAR, Advocate ( SR-8062[I] dated 28/07/2025 )

ORDER

IN CRL OP(MD) No.12375 of 2025 Date :25/07/2025 NM/18.08.2025/ 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6