CRL.OP(MD). No.3629 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2025 PRESENT THE HON'BLE MR.JUSTICE R.SAKTHIVEL CRL.OP(MD). No.3629 of 2025 Senthil ... Petitioner / Accused No.4 Vs. The State of Tamil Nadu rep by The Inspector of Police, C.S.C.I.D. Police Station, Madurai District. (Crime No.27 of 2025) ... Respondent / Complainant PRAYER :- The Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant pre-arrest bail to the petitioner in Crime No.27 of 2025 on the file of the respondent-police. For Petitioner : Mr.K.Dinesh, Advocate For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Criminal Side) ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 24.02.2025 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying 1/6 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.3629 of 2025 to grant an order of pre-arrest bail. 2. The petitioner apprehends arrest at the hands of the respondent-police for the offence punishable under Sections 4(1)(a) and 3(1)(c) of Liquefied Petroleum Gas (Regulation of Supply and Distribution) and 7(i)a(ii) of the Essential Commodities Act, 1955, in Crime No.27 of 2025 on the file of the respondent-police. 3. The case of the prosecution is that the Sub-Inspector of Police, based on secret information received, conducted a search at Kalvi Thanthai Karupaiah Nagar. During the search, Accused No. 2 was found in possession of 14.2 of kg three Bharat Gas cylinders and four HP Gas cylinders and 19 kg of seven Indane Gas cylinders and three HP Gas cylinders which were given to public at subsidized rates. Upon enquiry, Accused No. 2 confessed that he was employed by the petitioner/Accused No.1 for a daily wage of Rs. 1,000/- and that they were illegally selling the gas cylinders on the black market for higher profits. Hence, the case. 4. Mr.K.Dinesh, the learned counsel for the petitioner, submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submits that only based on the confession of A2, the petitioner has been arrayed as an accused. He however submits that the petitioner is ready to abide by any conditions to be imposed by this Court. He therefore prays for grant of pre-arrest bail to the 2/6 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.3629 of 2025 petitioner. 5. Per contra, Mr.K.Sanjai Gandhi, the learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that the petitioner was involved in illegally selling gas cylinders which were given to the general public at subsidized rates, on the black market for higher profits. Therefore, he contends that, if the petitioner is granted pre-arrest bail, he will commit similar type of offence and therefore, the custodial interrogation of the petitioner is necessary in this case. Accordingly, he prays to dismiss this Criminal Original Petition. 6. Heard on both sides. This Court has perused the records. 7. The petitioner has permanent residence and deep roots in the society and therefore, there is less possibility for absconding. In view of the offence alleged against the petitioner, this Court is of the view that custodial interrogation of the petitioner is not necessary in this case. Considering the same and taking into account of the fact that the petitioner is ready to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only), this Court is inclined to grant an order of pre- arrest bail to the petitioner subject to the following conditions. (i) The petitioner shall be released on pre-arrest bail in the event of his arrest or in the event of his surrender before the learned Judicial Magistrate No.III, Madurai, within a period of 15 days from the date on which the order copy is made 3/6 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.3629 of 2025 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 No.III, Madurai. (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 Practice, 2019']. The learned Judicial Magistrate shall obtain a copy of any one of identity proofs to ensure their identity. (iii) The petitioner shall deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) to the credit of the Crime No.27 of 2025 on the file of the respondent-police, before the learned Judicial Magistrate No.III, Madurai. In turn, the learned Judicial Magistrate shall deposit the said amount in a nationalized Bank initially for a period of one year and renew them periodically until the final order / judgment is passed in the case in Crime No.27 of 2025. (iv) The petitioner shall appear and sign before the respondent-police weekly once i.e., on every Monday at 10.00 a.m. until further orders. (v) The petitioner shall make himself available for interrogation by a police officer as and when required. (vi) The petitioner shall not, directly or indirectly, make any inducement, 4/6 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.3629 of 2025 threat 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. (vii) The petitioner shall also not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper with the evidence. (viii) The petitioner shall not leave India without the previous permission of the Court. (ix) The petitioner shall furnish his residential address and mobile number to the concerned Magistrate. (x) On breach of any of the aforementioned conditions, the learned Judicial Magistrate 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 Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283]. 8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra. Sd/- 28/02/2025 // True Copy // /03/2025 Sub Assistant Registrar (CS - I/II/III/IV) 5/6 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.3629 of 2025 pal To 1.The Judicial Magistrate No.III, Madurai. 2.Do Through The Chief Judicial Magistrate, Madurai. 3.The Inspector of Police, C.S.C.I.D. Police Station, Madurai District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Order made in CRL.OP(MD). No.3629 of 2025 28.02.2025 BV (18/03/2025) 6P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 6/6 https://www.mhc.tn.gov.in/judis