Sastha @ Iyyappan Vs The State of Tamil Nadu

State of Tamil Nadu, Rep By, The Inspector of Police, Virudhunagar Police Station, CSCID – Madurai, Virudhunagar District. Crime No.220 of 2024. ... Respondent / Complainant

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For Petitioner : Ms.A.Dharani,

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Advocate.

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For Respondent : Mr.A.Albert James, Government Advocate (Criminal Side)

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PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act.

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PRAYER :-

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For Anticipatory Bail in Crime No.220 of 2024 on the file of the respondent police.

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CRL OP(MD). No.348 of 2025

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ORDER : The Court made the following order :-

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The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 6(4)of the Tamil Nadu Scheduled Commodities (RDCS) Order, 1982 and 7(1)(a)(ii)of the Essential Commodities Act, 1955, in Crime No.220 of 2024 on the file of the respondent police, seeks anticipatory bail.

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The case of the prosecution is that the accused persons were found in possession of 3350 kgs of PDS rice, 2700 Kgs of dhal and 50 Kgs of Wheat. There are totally 11 accused persons in this case and the petitioner has been arrayed as A9. The allegation as against this petitioner is that he was working as a salesman in the fair price shop. The petitioner and A6 were responsible for the supply of the essential commodities to the other accused persons. A1 to A6 and A10 were arrested in this case.

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Heard the learned counsel on either side and perused the material records of the case.

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Taking into consideration the facts and circumstances of the case and

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considering the nature of allegation made in this case and taking note of the fact that https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.348 of 2025

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the essential commodities have already been seized along with the vehicle and also considering the fact that there are no previous cases against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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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, 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:

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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.

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[b] the petitioner shall report before the respondent police on every Friday at

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5.30 p.m. for a period of 4 weeks and thereafter, as and when required for interrogation.

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[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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[d] the petitioner shall not abscond either during investigation or trial.

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[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].

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

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sd/09/01/2025

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/ TRUE COPY /

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/01/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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das

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https://www.mhc.tn.gov.in/judis