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2025 DAILYLAW 10554 (MAD)

MARKANDAN v. THE STATE REP. BY, INSPECTOR OF POLICE

CRL OP/126/2025 · 2025-01-09

A D Jagadish Chandira

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.126 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 09.01.2025 CORAM THE HONOURABLE Mr. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.126 of 2025 1. Markandan 2. Armstrong 3. Nepolean 4. Raja 5. Suriya ... Petitioners Vs The State rep by The Inspector of Police, CSCID Police Thirupathur, Thirupathur Unit, Thirupathur District Crime No.289 of 2024. ... Respondent Prayer: Criminal Original Petition is filed under Section 482 of of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on anticipatory bail in the event of his arrest by the respondent Police in Crime No.289 of 2024 on the file of the respondent police. For Petitioners : Mr.K.Sathish Kumar For Respondent : Mr.S.Santhosh Government Advocate (Crl.Side) ORDER Apprehending arrest in connection with Crime No.289 of 2024 registered https://www.mhc.tn.gov.in/judis Crl.O.P.No.126 of 2025 for the offences punishable under Sections 6(4) of TNSC (RDCS) order 1982 r/w Section 7(1) (a) (ii) of E.C. Act, 1955, the present petition has been filed by the petitioners seeking anticipatory bail. 2. Pleading innocence on the part of the petitioners, false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He also submits that the petitioners, without prejudice to the defence and contention, are ready and willing to deposit a sum of Rs.5,000/- each to any welfare scheme of the Government or any other organization and is ready to abide by any stringent condition that may be imposed by this court. 3. The case of the prosecution, as put forth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the petitioners were found to be in illegal possession of 1500 Kgs of PDS Rice. He further submitted that 2nd petitioner has one previous case and the third petitioner has two previous case. 4. Considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.5,000/- each (Rupees Five Thousand only) to the credit of the "District Revenue Officer, https://www.mhc.tn.gov.in/judis Crl.O.P.No.126 of 2025 Vellore, Vellore District" without prejudice to the right of defence before the Trial Court and making it clear that it would not amount to admission of guilt. 5. Further, having heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions and accordingly, he 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 of receipt of a copy of this order, before the learned Judicial Magistrate No.IV, Vellore, Vellore District, on condition that the petitioner shall execute a separate bond each for a sum of Rs.10,000/- (Rupees Ten Thousand only), each 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 petitioners 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 petitioners shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter on every saturday at 10:30 a.m. until further orders. Page 3 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.126 of 2025 [c] the petitioners shall not tamper with evidence or witness either during investigation or trial. [d] the petitioners 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 action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 abscond, a fresh FIR can be registered under Section 269 B.N.S. 09.01.2025 Index : Yes/No Internet : Yes/No dpq To 1. The Inspector of Police, CSCID Police Thirupathur, Thirupathur Unit, Thirupathur District https://www.mhc.tn.gov.in/judis Crl.O.P.No.126 of 2025 2. The Public Prosecutor, High Court, Madras. A.D.JAGADISH CHANDIRA, J, dpq Crl.O.P.No.126 of 2025 https://www.mhc.tn.gov.in/judis Crl.O.P.No.126 of 2025 09.01.2025 https://www.mhc.tn.gov.in/judis