Lakshmanan v. State Of Tamilnadu Rep.By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.11.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Lakshmanan ... Petitioner/2nd Accused Vs The Inspector of Police, Civil Supplies CID, Virudhunagar District.
(Crime No.183 of 2024) ... Respondent/Complainant For Petitioner :
Mr.R.Pon Karthikeyan, Advocate For Respondent :
Mr.A.Albert James, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No.183/2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 6(4) of TNSC (RDCS) Order 1982 r/w. Section 7(1) (a)(ii) of the Essential Commodities Act, 1955, in Crime No.183 of 2024 on the file of the respondent police, seeks anticipatory bail. 1/4
2. The case of the prosecution is that during the regular vehicle checkup, a lorry was intercepted and it was found to carry 1300 Kgs of PDS rice. There are totally 2 accused persons in this case and the petitioner has been arrayed as A2.
3. Heard the learned counsel on either side and perused the material records of the case.
4. Taking into consideration the facts and circumstances of the case and considering the fact that the entire PDS rice has been seized and the vehicle has also been seized and there are no previous cases against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
5. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate No.1, Virudhunagar, 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 the police officer who intends to arrest or to the satisfaction of the said Magistrate, on further condition 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; 2/4
[b] the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of 3 weeks and thereafter, as and when required for interrogation; [c] the petitioner shall not tamper with evidence or witness either during investigation or trial;
[d]the petitioner shall not abscond either during investigation or trial; [e] 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 [f] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 18/11/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
pal TO 1 THE JUDICIAL MAGISTRATE NO.I, VIRUDHUNAGAR. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTTUR.
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3 THE INSPECTOR OF POLICE, CIVIL SUPPLISE CID, VIRUDHUNAGAR.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.R.PON KARTHIKEYAN, Advocate ( SR-14161[I] dated 18/11/2024 )
ORDER
IN CRL OP(MD) No.19900 of 2024 Date :18/11/2024 RS//SAR-(23.11.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4