Mohamed Noordeen v. State Of Tamilnadu Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/08/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Mohamed @ Noordeen, S/o.Ahamed Ibrahim ... Petitioner/A1 Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, CSCID Police Station, Madurai.
(Crime No.145 of 2025) ... Respondent/Complainant For Petitioner : Mr.Arun, 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.145 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police 1/5
for the offences punishable under Section 6(4) of TNSC (RDCS) Order, 1982 r/w. Section 7(1)(a)(ii) of Essential Commodities Act, 1955 in Crime No.145 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that during an inspection carried out by the respondent police on 24.07.2025, at about 6.45 a.m., the accused illegally transported 6500 Kgs of ration rice grains and 1000 Kgs of ration boiled rice using a lorry bearing Registration No.TN-60-X-2560. Hence, a case was registered.
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 falsely implicated in this case solely based on the confession of the co-accused. He further submitted that A2 to A6 were arrested and subsequently released on bail by the learned Judicial Magistrate No.III, Madurai on 30.07.2025 in Crl.M.P.No.5319 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 (Criminal Side), by filing a counter affidavit, submitted that there are totally six accused persons in this case and the petitioner has been arrayed as A1. A2 to A6 were arrested and subsequently released on bail on 30.07.2025 by the learned Judicial Magistrate No.III, Madurai in 2/5
Crl.M.P.No.5319 of 2025. He further submitted that the entire properties have been recovered. However, he opposed to grant anticipatory bail to the petitioner.
5. Taking into consideration the facts and circumstances of the case, the nature of the offence, and taking note of the fact that the entire properties have already been recovered, and that the co-accused were arrested and subsequently released on bail, and that as the date of occurrence is 24.07.2025, 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.
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.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, Madurai, 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; 3/5
(b) the petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the credit of the Mediation and Conciliation Centre, Madurai Bench of Madras High Court, Madurai, as Non-refundable deposit 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 furnish his residential address and mobile number to the learned Judicial Magistrate No.III, Madurai. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.III, Madurai;
(d) the petitioner shall report before the respondent police daily at 10.30 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; 4/5
(h) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 12/08/2025 / 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 Judicial Magistrate No.III, Madurai.
2.The Inspector of Police, CSCID Police Station, Madurai.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
COPY TO:
THE CHIEF CO ORDINATOR, MEDIATION AND CONCILIATION CENTRE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.(SOFT COPY) +1 CC to M/s.B.ARUN, Advocate ( SR-8767[I] dated 13/08/2025 ) ORDER IN CRL OP(MD) No.13008 of 2025 Date :12/08/2025 SBN/25.08.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5