Pandi. R v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY
1. Pandi. R,
2. Prabhu. K .. Petitioners/1st & 2nd Accused Vs The State of Tamilnadu, Rep. by the Inspector of Police, Civil Supplies C.I.D Police Station, Pudukkottai District.
Crime No. 234/2024.
... Respondent/Complainant For Petitioner : Mr.T.Leninkumar, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 234 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/Accused, who were arrested and remanded to judicial custody 1/4
on 30.09.2024 for the offences punishable under Sections 6(4) TNSC (RDCS) Order, 1982 r/w. 7(1)(a)(ii) of Essential Commodities Act, 1955 in crime No.234 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioners herein and other accused had illegally transported 1050 Kgs of PDS Rice by using Tata Sumo. Hence, the complaint.
3. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for the respondent Police. 4.Considering the nature of allegations in this case that the petitioners and the other accused are said to have been in illegal possession of rice which is meant for Public Distribution and it was found to be loaded in a lorry to be sent to other states and considering the fact that the petitioners are in prison from 13/9/2024 and that the investigation is almost completed and pending only for lab report, I am inclined to enlarge the petitioners on bail.
5.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Pudukkottai. (i)the sureties shall affix their photographs and left thumb impression in the 2/4
surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; (ii)the petitioners shall appear before the respondent Police daily at 10.30 am for a period of four weeks and thereafter, as and when required for interrogation; (iii)the petitioners shall not tamper with evidence or witness; iv)the petitioners shall not abscond during trial. v)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]. vi)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 19/10/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO 1 THE JUDICIAL MAGISTRATE NO.I, PUDUKKOTTAI.
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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.
3 THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKKOTTAI.
4 THE INSPECTOR OF POLICE, CIVIL SUPPLIES C.I.D POLICE STATION, PUDUKKOTTAI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.T.LENINKUMAR, Advocate ( SR-12738[I] dated 19/10/2024 ) ORDER IN CRL OP(MD) No.17896 of 2024 Date :19/10/2024 SA/SAR. /19.10.2024/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4