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2026 DAILYLAW 58299 (MAD)

Muhammed Sakeer Mundeth Komu, v. The Inspector of Police,

CRL OP/18172/2026 · 2026-07-22

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 18172 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 18172 of 2026 Muhammed Sakeer Mundeth Komu ..Petitioner(s) Vs The Inspector of Police, Civil Supply CID, Pollachi, Coimbatore District. Crime No.221 of 2026 ..Respondent(s) PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest concerned in Crime No.221 of 2026 on the file of Respondent Police on such terms and condition as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice. For Petitioner(s): MR.HASAN MOHAMED JINNAH SR.COUNSEL FOR M/s.S.Prema Kumari For Respondent(s): MR.N.PALANIVEL, GOVT.ADVOCATE (CRL.SIDE) ORDER The petitioner, who apprehends arrest for the alleged offence under Sections 19(c)(v) and 25 of the Fertilizer (Control) Order 1985 and 7(1)(a)(ii) of Essential Commodities Act, 1955, in Crime No.221 of 2026, on the file of the respondent police seeks anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 18172 of 2026 __________ Page2 of 6 2.The case of the prosecution is that on 04.07.2026, the Assistant Director (Agricultural Department), Madukkarai, Coimbatore District, along with Revenue officials and the respondent police, conducted a surprise check on the premises of the petitioner's company and found an illegal storage of 244 bags of subsidized agricultural urea. Since the employees present at the time of the surprise check failed to offer any explanation for the storage of the said urea, the Assistant Director (Agricultural Department), Madukkarai, and the respondent police sealed the urea and registered a case against the petitioner and his employee. 3.The learned Senior Counsel for the petitioner submitted that the petitioner runs a dye-chem company on land owned by one Balakrishnan, on the basis of a rental agreement dated 04.12.2025. The total extent of the land leased to the petitioner's company is about 5 acres, which accommodates 195 coconut trees and 400 mango trees around the premises. To improve the yield of the said coconut and mango trees, the petitioner had stored the 244 bags of urea on the premises. As stated in the FIR, the petitioner was not present at the company during the surprise check. The employee present at the time was unable to properly answer the queries raised by the Assistant Director (Agricultural Department), Madukkarai, and the respondent police regarding the purpose of the storage. He further submitted that the petitioner has not committed any offence as alleged by the prosecution, is a law-abiding citizen, and has no bad https://www.mhc.tn.gov.in/judis CRL OP No. 18172 of 2026 __________ Page3 of 6 antecedents. He also submitted that the co-accused has already been granted bail by the Trial Court and that the petitioner is ready and willing to abide by any stringent conditions that may be imposed by this Court. Accordingly, the learned counsel prayed for the grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioner has been using the subsidized urea for the commercial purpose of manufacturing plywood. He argued that such diversion of subsidized urea directly affects needy farmers, and hence, he prayed for the dismissal of the application. 5.At this juncture, the learned Senior Counsel for the petitioner submitted that to demonstrate the petitioner's bonafides, he is ready and willing to deposit the market value of the urea bags amounting to Rs. 3,55,578/-, without prejudice to his defence. Although the case involves the illegal possession of bags of urea allegedly diverted for commercial use, this Court takes into account the submission of the learned Senior Counsel that the stock was meant for agricultural purposes within the field, alongside his undertaking to deposit a sum of Rs. 3,55,578/- to the credit of Crime No. 221 of 2026. Consequently, this Court is of the firm view that the custodial interrogation of the petitioner is not required. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions. https://www.mhc.tn.gov.in/judis CRL OP No. 18172 of 2026 __________ Page4 of 6 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 (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate 4, Coimbatore District, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a) The petitioner is directed to deposit a sum of Rs.3,55,578/- to the credit of Crime No.221 of 2026 as a renewable fixed deposit, the disbursal of which shall be decided at the time of the final disposal of the case. (b) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (c) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity; (d) The petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of two week and thereafter as and when required for interrogation; https://www.mhc.tn.gov.in/judis CRL OP No. 18172 of 2026 __________ Page5 of 6 (e) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560]; (f) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 22-07-2026 GBI To 1.The Judicial Magistrate 4, Coimbatore District. 2.The Inspector of Police, Civil Supply CID, Pollachi, Coimbatore District. Crime No.221 of 2026 3.The Public Prosecutor, Madras High Court. https://www.mhc.tn.gov.in/judis CRL OP No. 18172 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. GBI CRL OP No. 18172 of 2026 22-07-2026 https://www.mhc.tn.gov.in/judis