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Madras High CourtCRL OP(MD)/13598/2025allowed

Rajendran v. The State Of Tamil Nadu,

2025-08-21Honourable Mr Justice P.Vadamalai7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/08/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Rajendran, S/o.Shanmugam 2.Sureshkumar, S/o.Raman 3.Ashok, S/o.Mariappan ... Petitioners/Accused Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, CSCID - Madurai Police Station, Madurai District.

(Crime No.157 of 2025) ... Respondent/Complainant For Petitioners : Mr.A.Balaji, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) 1/7

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.157 of 2025 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 6(4) of TN Scheduled Commodities [RDCS] Order, 1982 r/w. Section 7(1)(a)(ii) of Essential Commodities Act, 1955 in Crime No.157 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 04.08.2025, based on reliable information, the Tahsildar (Flying Squad - Civil Supplies), Madurai, along with Revenue and Police officials, conducted a surprise inspection at a godown situated at Vandiyur, Madurai, and found several persons unloading rice bags from three lorries bearing Registration Nos.TN-64-Y-1325, TN-68-Z-4098, and TN-52-B-6579, and a Bolero vehicle bearing Registration No.TN-64-S-2002. The officials seized 11,700 kgs of broken rice and 3,600 kgs of ration rice, and also found 39,600 kgs of broken PDS rice already stored in the godown. Hence, the present case. 2/7

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and have not committed any offence as alleged by the prosecution. He further submitted that A2, A8, A9, A11 and A12 were arrested and subsequently released on bail by the learned Judicial Magistrate No.3, Madurai, in Crl.M.P.Nos.5581 and 5582 of 2025 on 13.08.2025 and 18.08.2025, respectively, and A7 has been granted anticipatory bail by this Court on 20.08.2025 in Crl.O.P.(MD) No.13702 of 2025. However, the petitioners are willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioners.

4. The learned Government Advocate (Crl. Side), by filing counter affidavit, submitted that there are totally twelve accused persons in this case and the petitioners have been arrayed as A5, A6 and A10. A2, A8, A9, A11 and A12 were arrested and subsequently released on bail by the learned Judicial Magistrate No.3, Madurai, in Crl.M.P.Nos.5581 and 5582 of 2025 on 13.08.2025 and 18.08.2025, respectively, and A7 has been granted anticipatory bail by this Court on 20.08.2025 in Crl.O.P.(MD)No.13702 of 2025. He further submitted that the entire properties have been recovered. However, he opposed to grant anticipatory bail to the 3/7

petitioners.

5. Taking into consideration of the facts and circumstances of the case, the nature of the offence, and also taking note of the fact that five of the co-accused were arrested and subsequently released on bail, and one of the co-accused has been granted anticipatory bail by this Court, and that the entire properties have already been recovered, and that as the date of registration of FIR is 05.08.2025, by this time material part of the investigation might have been completed, this court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their 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, Madurai, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each 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 petitioners and the sureties shall affix their photographs and left thumb 4/7

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 petitioners shall deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) each to the credit of Environmental Committee operated by Registrar (Judicial) Account No.7633863037, MICR Code: 625019020, CIF No.30602376727, IFSC Code IDIBH040, High Court Branch, Madurai, without prejudice to their 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 petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate No.III, Madurai. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate No.III, Madurai;

(d) the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders;

(e) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(f) the petitioners shall not abscond either during investigation or trial; (g) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial 5/7

Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court themselves 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/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 21/08/2025 / TRUE COPY / /09/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

mkn TO 1 The Judicial Magistrate Court No.III, Madurai.

2 The Inspector of Police, Cscid - Madurai Police Station, Madurai District.

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

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Copy to The Registrar Judicial, Environmental Committee, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.A.BALAJI, Advocate ( SR-9173[I] dated 25/08/2025 )

ORDER

IN CRL OP(MD) No.13598 of 2025 Date :21/08/2025 NM/16.09.2025/ 7P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7