K Marimuthu v. The State Of Tamil Nadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P. VADAMALAI K.Marimuthu, S/o.Krishnasamy,

...Petitioner/Accused

Vs The State of TamilNadu rep.by The Inspector of Police, Dindigul CSCID Police Station, Dindigul (Crime No.172 of 2025) ... Respondent/Complainant For Petitioner : M/s.S.Sarvagan Prabhu 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.172 of 2025 on the file of the Respondent Police. 1/7

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 6(4) of TNSA (RDCS) order 1982, 7(1)(a) (ii) of Essential Commodities Act 1955 in Crime No.172 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 25.07.2025, at about 09.00p.m., while the respondent police party on regular patrol duty, at that time, Accused Nos.1 and 2 are in possession of 600Kgs of boiled rice in a Maruthi Omni Car bearing registration No TN 57 AL 6858. Further, on conducting search in the building, boiled rice of 4900kgs were found. While so, A1 confessed that they used to supply the PDS rice to A3. Subsequently, the respondent police had conducted search in the rice mill of this petitioner and found 550Kgs of PDS rice. Hence, the case. 3.The learned counsel for the petitioner would submit that based on the confession of A1 and A2, this petitioner was arrayed as Accused No.3. The first and second accused were enlarged on bail by the learned Judicial Magistrate No.III, Dindigul in Crl.MP.No.2164/2025 dated 08.08.2025. This petitioner is an innocent 2/7

person and he has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case. He further submits that the petitioner is ready and willing to abide any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) would submit that the first and second accused were in illegal possession of totally 5500Kgs of boiled PDS rice. The respondent police also found in possession of 550Kgs from this petitioner's rice mill. The first and second accused were enlarged on bail by the learned Judicial Magistrate No.III, Dindigul in Crl.MP.No.2164/2025 dated 08.08.2025. The entire properties were recovered by the respondent police. There is no previous case against this petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5.Considering the facts and circumstances of the case, and taking into account of the fact that the first and second accused were enlarged on bail by the learned Judicial Magistrate No.III, Dindigul in Crl.MP.No.2164/2025 dated 08.08.2025, the entire properties were recovered from the respondent police, there is no previous case against this petitioner, this Court is inclined to grant anticipatory bail to the 3/7

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, Dindigul, 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, Dindigul, 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 make a non-refundable deposit of Rs.10,000/- (Rupees Ten Thousand only) to the credit of the Women Advocates Association, Madurai Bench of Madras High Court, Account No.770357420, IFSC Code.IDIB000H040, Indian Bank, High Court Branch, Madurai, without prejudice to his defence before 4/7

the trial Court and produce the acknowledgment at the time of executing bond; (c) the petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate No.III, Dindigul. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.III, Dindigul;

(d) the petitioner shall appear and sign 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 5/7

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/- 11/08/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

GVN TO 1 The Judicial Magistrate No.Iii, Dindigul.

2 Do Through The Chief Judicial Magistrate, Dindigul District.

3 The Inspector of Police, Dindigul CSCID Police Station, Dindigul 4 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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COPY TO 1 The Officer Incharge, Women Advocates Association, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.SARVAGAN PRABHU, Advocate ( SR-8693[I] dated 12/08/2025 )

ORDER

IN CRL OP(MD) No.13241 of 2025 Date :11/08/2025 NM/26.08.2025/ 7P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7