Mokan @ Sathish Mohan v. The State Of Tamil Nadu Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20.08.2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI M.Mokan @ Sathish Mohan ... Petitioner / Accused Rank not known Vs The State of Tamilnadu, Rep. by the Inspector of Police, CSCID Madurai Police Station, Madurai District, Crime No.157 of 2025 ... Respondent/Complainant For Petitioner : Mr.A.Balaji 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.157 of 2025 on the file of the respondent Police.
ORDER : This Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police 1/6
for the offences punishable under Sections 6(4) of TN Scheduled Commodities (RDCS) Order, 1982 and 7(1)(a)(ii) of Essential Commodities Act, 1955 in Crime No.157 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 04.08.2025, on specific information received, 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 engaged in unloading rice bags from three lorries and a Bolero vehicle. The officials seized 11,700 Kgs of broken rice, 3,600 kgs of Ration rice and also found 39,600 kgs of broken PDS rice already stored in the godown. The accused persons were engaged in the illegal activities and on the confession of the accused persons, this petitioner has been implicated in this case. Hence the case.
3.The learned counsel for the petitioner would submit that the petitioner is innocent 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. Based on the confession given by the co-accused he has been implicated in this case. Some of the accused persons were released on bail by the learned Judicial Magistrate No.III, Madurai on 13.08.2025 in Crl.M.P.No.5581 and 5582 of 2025. Hence, he seeks 2/6
anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) would submit that there are 12 accused in this case. The petitioner is the 7th Accused in this case. Accused Nos.2, 9, 11 and 12 were released on bail by the learned Judicial Magistrate No.III, Madurai on 18.08.2025 in Crl.M.P.No.5582 of 2025 and Accused No.8 was released on bail by the same Court in Crl.M.P.No.5581 of 2025 on 13.08.2025. The accused persons have illegally transported PDS rice worth about Rs.2,89,000/-. The properties were recovered along with the vehicle. 5.Considering the facts and circumstances of the case, and taking into account of the fact that Accused Nos.2,8,9,11 and 12 were arrested on 05.08.2025 and out of them Accused No.8 was granted bail by the learned Judicial Magistrate No.III, Madurai in Crl.M.P.No.5581 of 2025 on 13.08.2025 and Accused Nos.
2, 9, 11 and 12 were released on bail by the learned Judicial Magistrate No.III, Madurai on 18.08.2025 in Crl.M.P.No.5582 of 2025 and also the fact that the entire properties were recovered and by this time, material part 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 his arrest or on his appearance, within a period of fifteen days from the date of 3/6
receipt of a copy of this order, 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Judicial Magistrate No.III, Madurai, 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 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;
(c) the petitioner shall deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) as non refundable deposit, to the credit of the Environmental Committee operated by Registrar (Judicial), Indian Bank, Account No.7633863037, MICR Code : 625 019020, CIF No.30602376727, IFSC Code: IDIBH040, High Court Branch, Madurai ;
(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;
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(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 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 thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 20/08/2025 / TRUE COPY / /09/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.
pnn To 1.The Judicial Magistrate 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.
+1 CC to M/S.A.BALAJI, Advocate ( SR-52533[I] dated 20/08/2025 ) 5/6
COPY TO:
The Section Officer, The Account Section, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.13702 of 2025 Date :20/08/2025 PS/SAR.09.09.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6