Sakthi @ Sathiya Krishnan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05.12.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Sakthi @ Sathiya Krishnan ... Petitioner / Accused No.3 Vs The State of Tamil Nadu Represented by the Inspector of Police, C.S.C.I.D., Virudhunagar, Virudhunagar District.

(Crime No.214 of 2024) ... Respondent/Complainant For Petitioner :

Mr.K.Dinesh, 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.214 of 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 Section 6(4) of the Tamil Nadu Scheduled 1/5

Commodities (RDCS) Order, 1982 read with Section 7(1)(a)(ii) of Essential Commodities Act, 1955 in Crime No.214 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 25.11.2024, the police party intercepted a vehicle at about 03.30 p.m. The vehicle was found to be transporting 3840 Kgs of PDS rice, 100 Kgs of Wheat and 50 Kgs of Dhal. A1 and A2 were arrested on the spot. Based on their confession, this petitioner (A3) has been made as an accused, and it is stated that he is the owner of a rice mill.

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 goods have been seized, and considering the fact that A1 and A2 have been arrested and this petitioner has been arrayed as an accused based on the confession of the co-accused, and also considering the fact that there is one previous case 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 bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial magistrate No.I, 2/5

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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and 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.

[b] the petitioner shall appear before the respondent police on every monday, wednesday and friday at 10.30 a.m. for a period of four weeks and thereafter, as and when required for the 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 3/5

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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 05/12/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

MKN To 1.The Judicial Magistrate No.I, Virudhunagar.

2.Do through the Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur.

3.The Inspector of Police, C.S.C.I.D. Virudhunagar, Virudhunagar District.

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

+1 CC to M/s.K.DINESH, Advocate ( SR-15040[I] dated 06/12/2024 )

ORDER

IN CRL OP(MD) No.21247 of 2024 Date :05/12/2024 ED/ GSV /SAR- (11/12/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5