Saravanan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07.08.2025 PRESENT The Hon`ble Mr.Justice P.VADAMALAI Saravanan ... Petitioner/ Accused No.2 Vs The State of Tamil Nadu, rep. by The Inspector of Police, Civil Supplies C.I.D., Tanjore.

(Crime No.182 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 Section 482 B.N.S.S. 1/6

PRAYER :- For Anticipatory Bail in Crime No.182 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused No.2, 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.182 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused were found in illegal possession of 1480 kgs of PDS rice. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution and that the petitioner is no way connected with the case, a false case has been lodged as against the petitioner. The petitioner is ready and willing to abide any conditions which may be imposed by this Hon'ble Court. Hence, he seeks anticipatory bail to the petitioner.

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4. The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that there are totally two accused, the petitioner was arrayed as A2 and the petitioner along with the first accused were found in illegal possession of PDS rice and that the property was recovered by the respondent police. He would further submit that the first accused was already arrested and released on bail by the learned Judicial Magistrate No.II, Thanjavur in Crl.M.P.No.645 of 2025 vide order dated 04.08.2025 and that the petitioner is not having any previous cases. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and also considering the facts that the first accused was already arrested and released on bail and that the petitioner is not having any bad antecedents and taking note of the fact that the property has already been recovered, 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 anticipatory 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 Judicial Magistrate No.II, Thanjavur 3/6

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 Judicial Magistrate No.II, Thanjavur and on further conditions 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 contact number to the learned Judicial Magistrate No.II, Thanjavur. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.II, Thanjavur;

(c) the petitioner shall make a non-refundable deposit of Rs.5,000/- (Rupees Five Thousand Only) to the credit of Women Advocates Association, Current Account No.770357420, IFSC Code No.IDIB000H040, in the Indian Bank, High Court Branch, Madurai and on such deposit being made, the learned Judicial Magistrate shall accept the sureties furnished by the petitioner; (d) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

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

sd/- 07/08/2025 / TRUE COPY / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

CSM TO

1. The Judicial Magistrate No.II, Thanjavur.

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

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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-8611[I] dated 08/08/2025 )

ORDER

IN CRL OP(MD) No.13174 of 2025 Date :07/08/2025 HPS/10.09.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6