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Madras High CourtCRL OP(MD)/12408/2025allowed

V Veerapandi v. The State Of Tamilnadu Rep. By

2025-07-25Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI V.Veerapandi, S/o.Velu Naicker, : Petitioner/Accused Rank not known Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Civil Supplies C.I.D., Virudhunagar.

Crime No.11 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.11 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- 1/6

The petitioner/Accused, who apprehends arrest at the hands of the 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.11 of 2025 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 13.06.2025, the Special Tahsildar, Flying Squad, Aruppukkottai, conducted a routine vehicle check. During the check, a vehicle - Ashok Leyland Dost bearing Reg No.TN-38-CR-8499 was intercepted and found to be carrying 71 bags of boiled rice, with each bag weighing 45 kilograms.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person 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 co-accused were already granted anticipatory bail by this Court in Crl.O.P(MD)No.2689 of 2025 and Crl.OP(MD)No.3040 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 13.06.2025, the Special Tahsildar, Flying Squad, Aruppukkottai, conducted a routine vehicle check. During the check, a vehicle - Ashok Leyland Dost bearing Reg No.TN-38-CR-8499 was intercepted and found to be carrying 71 bags of boiled rice, with each bag weighing 45 kilograms. He further submitted that the entire properties have been recovered and the value of the property is worth about Rs.11,475/-. The first accused was arrested and released on bail and 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 13.06.2025, by this time most of the investigation might have been completed and also the fact 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 arrest or on his appearance, within a period of fifteen days from the date of receipt 3/6

of copy of this order, before the learned Judicial Magistrate No.I, Virudhunagar, 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.I, Virudhunagar, 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 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.I, Virudhunagar, shall accept the sureties furnished by the petitioners. (c)the petitioner shall report before the respondent police daily at 10.30 a.m.

(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 4/6

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/petitioner 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.I, Virudhunagar.

2 The Chief Judicial Magistrate, Virudhunagar District.

3 The Inspector of Police, Civil Supplies C.I.D., Virudhunagar.

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

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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-8061[I] dated 28/07/2025 )

ORDER

IN CRL OP(MD) No.12408 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