Ramesh Vs State of Tamilnadu

(R2 suo-motu impleaded as Per Common Order of the Court dated 20.11.2024 in Crl. OP.(MD).Nos.19048, 19169, 19100, 19108, 19738, 19056, 19054 of 2024).

¶13

... Respondents/Complainants

¶14

For Petitioner : Mr.R.Anand, Advocate for Mr.K.Sathish Kumar, Advocate

¶15

1/7

¶16

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

¶17

CRL OP(MD). No.19048 of 2024

¶18

For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor

¶19

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS

¶20

PRAYER :-

¶21

For Anticipatory Bail in Crime No.247/2024 on the file of the respondent police

¶22

ORDER : The Court made the following order :-

¶23

This Criminal Original Petition has been filed by the petitioner on 04.11.2024 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant an order of pre-arrest bail.

¶24

The petitioner apprehends arrest at the hands of the respondent-Police for the offences punishable under Section 6(4) of the TNSC (RDCS) Order, 1982 r/w. Section 7(1)(a)(ii) of the Essential Commodities Act, 1955, in Crime No.247 of 2024 on the file of the first respondent.

¶25

The case of the prosecution is that on 28.10.2024, the defacto complainant / the Inspector of Police, along with his team conducted an inspection. During the inspection, they intercepted a lorry bearing Registration No.KL-74-C-0770. The driver of the vehicle did not stop and attempted to escape. Thereafter, the defacto complainant chased the vehicle and managed to stop it. Upon conducting a search in the offending vehicle, they found that the accused persons were transporting 2/7

¶26

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

¶27

CRL OP(MD). No.19048 of 2024

¶28

17,700 kgs of PDS rice. He was then arrested two accused persons, suddenly, the petitioner flee from the scene and the PDS rice along with the vehicle was seized from them. Based on the confession given by the arrested accused, the petitioner herein has been arrayed as Accused No.1. Hence, the case was registered.

¶29

Mr.R.Anand, learned counsel for Mr.K.Sathish Kumar, learned counsel on record for the petitioner, submits that the petitioner has nothing to do with the alleged offence. He further submits that a false case has been foisted against the petitioner. He further submits that the petitioner is ready to abide by any condition to be imposed by this Court. He further submits that the petitioner herein runs a rice shop under the name and style of 'Gomathi Traders' at Parasala, Kerala. Hence, he prays to grant pre-arrest bail to the petitioner.

¶30

Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor appearing

¶31

for the respondent-Police, submits that on the alleged date of occurrence, the petitioner herein has contacted Accused Nos.2, 4 and 6 over mobile. He further submits that totally there are 13 accused persons in this case and the petitioner has been arrayed as Accused No.1. He further submits that the petitioner along with other accused persons have illegally transported huge quantity of 17,700 kgs of PDS rice. He further submits that the alleged lorry and PDS rice have been seized by the respondent-Police. He further submits that the custodial interrogation of the

¶32

3/7

¶33

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

¶34

CRL OP(MD). No.19048 of 2024

¶35

petitioner is necessary in this case. Hence, he vehemently opposes to grant pre-arrest bail to the petitioners.

¶36

Heard on both sides. This Court has perused the records and the status report filed by the respondent-Police.

¶37

The petitioner has permanent residence and deep roots in the society and therefore, there is less possibility for absconding. Considering the same, and also considering the fact that the alleged rice and the vehicle have been seized by the respondent-Police, the custodial interrogation of the petitioner may not be necessary for the investigating agency, and with a view to give an opportunity to the petitioner to reform himself, this Court is inclined to grant an order of pre-arrest bail to the petitioner subject to the following conditions.

¶38

(i) The petitioner shall be released on bail in the event of his arrest or in the event of his surrender before the learned Judicial Magistrate II, Nagercoil, within a period of 15 days from date on which the order copy is made ready, on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) along with two sureties, each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of the learned Judicial Magistrate II, Nagercoil;

¶39

(ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of

¶40

4/7

¶41

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

¶42

CRL OP(MD). No.19048 of 2024

¶43

Practice, 2019']. The learned Judicial Magistrate II, Nagercoil, shall obtain a copy of any one of identity proofs to ensure their identity;

¶44

(iii) The petitioner shall appear and sign before the respondent-Police daily at 10.30 a.m., until further orders;

¶45

(iv) The petitioner shall make himself available for interrogation by a police officer as and when required;

¶46

(v) The petitioner shall not, directly or indirectly, make any inducement, threat

¶47

or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

¶48

(vi) The petitioner shall not leave India without the previous permission of the Court;

¶49

(vii) The petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate II, Nagercoil;

¶50

(viii) The petitioner shall not, directly or indirectly, cause any threat to the witnesses and shall not tamper the evidence; and

¶51

(ix) On breach of any of the aforementioned conditions, the learned Judicial Magistrate II, Nagercoil or Trial Court, as the case may be, is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by him as laid down by the Hon'ble

¶52

5/7

¶53

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

¶54

CRL OP(MD). No.19048 of 2024

¶55

Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283] .

¶56