Edwin Prabhu v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI

1. Edwin Prabhu, S/o.Anthony Samy,

2. Manimuthu, S/o.Vairava Sundharam

...Petitioners/ Accused Nos.3 & 4

Vs The State of Tamilnadu rep.by The Inspector of Police, Civil Supplies CID, (Crime No.105 of 2025) .. Respondent/Complainant For Petitioners : Mr.T.Leninkumar Advocate For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.105 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioners / Accused Nos.3 & 4, who was arrested and remanded to 1/6

judicial custody on 30.07.2025 for the offences punishable under clause 6(4) of TNSC(RDCS) order 1982 r/w.7(1)(a)(ii) of Essential Commodities Act, 1955 in Crime No.105 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 29.07.2025, when the respondent police was on surveillance, a Eicher vehicle bearing registration No. KL 14 P 9190 was found to be loaded with 228 bags of boiled rice (each containing 40Kgs), on enquiry it was revealed that these petitioners were illegally transported the PDS boiled rice. Hence, the case.

3. The learned counsel for the petitioners would submit that there are totally four accused persons, these petitioners were arrayed as Accused Nos.3 & 4. Based on the confession statement of A1, these petitioners are implicated as accused in this case. of The petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. The petitioners are ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioners are in custody from 30.07.2025 nearly 26 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that these 2/6

petitioners and others were illegally transported 228 bags of boiled PDS rice each containing 40Kgs. The value of the properties are worth about Rs.52,000/- The entire properties were recovered by the respondent police. There is no previous case against A3, A4 is having one previous case. Hence, he objected to grant bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that in this case, the entire properties were recovered by the respondent police, by this time most of investigation might have been completed, there is no previous case against the A3, the petitioners/accused Nos.3 & 4 are in judicial custody from 30.07.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioners, subject to the following conditions:

6. Accordingly, the petitioners are ordered to be released on bail on executing separate 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 learned Judicial Magistrate No.II, Ramanathapuram and on further conditions that :- 3/6

[a] 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 petitioners shall furnish their residential address and contact number to the learned Judicial Magistrate No.II, Ramanathapuram. If the petitioners changes their residential address, they shall report the same to the learned Judicial Magistrate No.II, Ramanathapuram [c] the petitioners shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) each to the credit of the Environmental committee operated by Registrar (Judicial), Indian Bank, 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.II, Ramanathapuram, shall accept the sureties furnished by the petitioner. [d] the petitioners shall appear and sign before the respondent police daily at 10.30.a.m until further orders.

[e] the petitioners shall not abscond either during investigation or trial. [f] the petitioners shall not tamper with evidence or witness either during investigation or trial.

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[g] On breach of any of the aforesaid conditions, the learned Magistrate/Trial 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 himself as laid down by the Hon'ble Supreme Court in P.K.Shaji .vs. State of Kerala [(2005)AIR SCW 5560]. [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/- 25/08/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

gvn TO

1. The Judicial Magistrate No.2, 2.Do through The Chief Judicial Magistrate

3. The Superintendent, District Jail, 5/6

4. The Inspector of Police, Civil Supplies CID,

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

Copy to The Section Officer Accounts Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.T.LENIN KUMAR, Advocate ( SR-9133[I] dated 25/08/2025 )

ORDER

IN CRL OP(MD) No.14049 of 2025 Date :25/08/2025 PR/25.08.2025 6P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6