Ganapathy v. The State Of Tamilnadu Rep.By,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/09/2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD).No.15054 of 2025 Ganapathy, S/o.Mangudi .. Petitioner/Accused No.1 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, CSCID - Pudukottai, Pudukottai District.
(Crime No.205 of 2025) .. Respondent/Complainant For Petitioner :Mr.R.Prasanna Advocate For Respondent : Mr.A.S.Abul Kalam Azad Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.205 of 2025 on the file of the Respondent Police.
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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 6(4) of TamilNadu Scheduled Commodities (RDCS) order 1982 r/w.7(1)a(ii) of Essential Commodities Act in Crime No.205 of 2025 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that based on secret information the respondent police conducted surveillance duty, at that time they found that this petitioner and others were illegally transported PDS rice. The respondent police seized 22 bags of rice amounting to 1100Kgs. Hence, the case.
3. The learned counsel for the petitioner would submit that the respondent police lodged a false case against this petitioner. The 2/8
petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The petitioner is ready and willing to abide any conditions which may be imposed by this Hon'ble Court. Hence, he seeks anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) would submit this petitioner and other were illegally transported 22 bags of PDS rice. The respondent police seized the entire property. This petitioner is having three previous cases, all are similar in nature. In this case, investigation is not yet completed. However, he opposed to grant anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case the entire property were seized by the respondent police, by this time most of the 3/8
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 anticipatory bail in the event of his arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.1, Pudukottai 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Judicial Magistrate No.1, Pudukottai and on further conditions that: 4/8
(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 make a nonrefundable deposit of Rs.20,000/- (Rupees Twenty Thousand only) to the credit of the Advocate Clerk's Welfare Association, Madurai Bench of Madras High Court, Madurai, Account No.496039124, IFSC Code.IDIB000H040, Indian Bank, High Court Branch, Madurai, without prejudice to his defence before the trial Court and produce the acknowledgment at the time of executing bond; (c) the petitioner shall furnish his residential address and contact number to the learned Judicial Magistrate No.1, Pudukottai. In the event of any change in his residential 5/8
address, the petitioner shall report the same to the learned Judicial Magistrate No.1, Pudukottai; (d) the petitioner shall appear before the respondent police as and when required for interrogation.
(e) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(f) the petitioner shall not abscond either during investigation or trial;
(g) 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 6/8
Court himself 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 thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.
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1. The Judicial Magistrate No.1, Pudukottai.
2. The Inspector of Police, CSCID-Pudukottai, Pudukottai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY,J gvn
ORDER
IN CRL OP(MD) No.15054 of 2025 Dated : 12/09/2025 8/8