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Madras High CourtCRL OP(MD)/17354/2025granted

Senguttuvan @ Karikalan v. The State Of Tamilnadu

2025-10-10Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.10.2025 PRESENT THE HONOURABLE MRS JUSTICE S.SRIMATHY Senguttuvan @ Karikalan ... Petitioner/Accused rank not known Vs The State of Tamil Nadu Rep By The Inspector of Police, CSCID-Madurai District, Uthamapalayam Police Station, Theni District.

(In Crime No.220 of 2025) ... Respondent/Complainant For Petitioner : Mr.S.Karthick Ramkumar For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.220 of 2025 on the file of the respondent police.

ORDER : The Court made the following order :- 1/6

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 6(4) of TNS (RDCS) Order, 1982 r/w Section 7(1)(a)(ii) of Essential Commodities Act, 1955, in Crime No.220 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and the coaccused were attempted to transport 32 plastic bags of PDS rice to Kerala and the same was seized by the respondent police. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the alleged occurrence as stated by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. side) submitted that the investigation is almost completed and there are two previous cases similar in nature pending against the petitioner and the PDS rice was 2/6

seized from the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also the fact that the investigation is almost completed, and contraband was seized from the accused, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

6. 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, Uthamapalayam, 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 Judicial Magistrate, Uthamapalayam, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

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(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 is directed to deposit a sum of Rs.15,000/-(Rupees Fifteen Thousand only) to the credit of Advocate Clerk's Welfare Association, Madurai Bench of Madras High Court, Madurai, Indian Bank, Account No.496039124, IFSC Code: IDIB000H040, High Court Branch, Madurai. On such deposit, the learned Judicial Magistrate, Uthamapalayam, shall accept the sureties furnished by the petitioner;

(c) the petitioner shall report before the respondent Police daily at 10.30 a.m., until further orders; (d) the petitioner shall not tamper with evidence or witness either during investigation or trial; (e) the petitioner shall not abscond either during investigation or trial;

(f) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate 4/6

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;

(g) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. 10.10.2025 PJL To

1. The Judicial Magistrate, Uthamapalayam.

2.The Inspector of Police, CSCID-Madurai District, Uthamapalayam Police Station, Theni District.

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

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S.SRIMATHY, J.

PJL

ORDER

IN CRL OP(MD) No.17354 of 2025 Date : 10.10.2025 6/6