[Cites 2, Cited by 0]
Madras High Court
S.Vicky vs The State Rep By, on 22 May, 2026
CRL OP No. 13560 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-05-2026
CORAM
THE HON'BLE MR.JUSTICE R.SAKTHIVEL
CRL OP No. 13560 of 2026
1. S.Vicky
S/o. Sekar
No.51J/103, Ekambarapuram,
North Mada Street, Kancheepuram District.
2. K.Bharathidasan
S/O Kajapathi Ramasami
No.356,CVM Nagar,
Netteri Village,
Sirukaveripakkam,
Olimohamedpet,
Kancheepuram District.
..Petitioners/Accused
Vs
The State Rep By,
The Inspector of Police,
CSCID Police Station,
Kancheepuram District.
(Crime No.140 of 2026)
..Respondent/
Complainant
Prayer: Criminal Original Petition filed under Section 482 of the Bharatiya
Nagarik Suraksha Sanhita (BNSS), 2023 praying to enlarge the petitioners on
bail in the event of arrest in the hands of the respondent Crime No.140 of 2026
pending investigation on the file respondent police.
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CRL OP No. 13560 of 2026
For Petitioners: Mr. A Saranraj
For Respondent: Mr. A. Amarnath
Counsel for Government of Tamil Nadu
(Criminal side)
ORDER
This Criminal Original Petition has been filed by the petitioners on
19.05.2026 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita
(BNSS), 2023, praying to grant anticipatory bail.
2. The petitioners apprehend arrest at the hands of the respondent-police
for the offences punishable under Section 6(4) of Tamil Nadu Scheduled
Commodities (Regulation of Distribution by Card System) Order 1982 read
with 7(1)(a)(ii) of the Essential Commodities Act, 1955, in Crime No.140 of
2026 on the file of the respondent-police.
3. The case of the prosecution is that, the petitioners were found
transporting 2800 Kgs of PDS rice. Hence, the case.
4. Mr.A. Saranraj, the learned counsel for the petitioners, submits that the
petitioners have not committed any offence as alleged by the respondent and
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that they are not connected with the said offence. He, however, submits that
the petitioners are ready to abide by any conditions to be imposed by this Court.
Accordingly, he prays for the grant of anticipatory bail to the petitioners.
5. Per contra, Mr. A. Amarnath, the learned Government Advocate
(Criminal Side) appearing for the respondent-police, submits that the accused
person were found transporting 2800 Kgs of PDS rice. He further submits that
there are 4 similar cases pending against the 1st accused and two similar cases
pending against the 2nd accused. He further submits that if pre-arrest bail is
granted to the petitioners, they will abscond and tamper with the evidence. He,
therefore, prays to dismiss this Criminal Original Petition.
6. Heard on both sides. This Court has perused the records.
7. The petitioners have permanent residence. Hence, there is less
possibility of absconding. Considering the same and also with a view to give an
opportunity to the petitioners to reform themselves, this Court is inclined to
grant anticipatory bail to the petitioners. Accordingly, Anticipatory bail is
granted to the petitioners subject to the following conditions:
(i) The petitioners shall be released on pre-arrest bail in the event of their
arrest or in the event of their surrender before the learned Judicial Magistrate
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No.1, Kancheepuram, within a period of 15 days from the date on which the
order copy is made ready, on each of the petitioners 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.1, Kancheepuram.
(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 No.1,
Kancheepuram, shall obtain a copy of any one of identity proofs to ensure their
identity.
(iii) Each of the petitioners is directed to donate a sum of Rs.20,000/-
(Rupees Twenty Thousand only) to the credit of the Director / Authorised
Officer, Government Arignar Anna Memorial Cancel Hospital,
Karapettai, Kancheepuram, without prejudice to their rights and contentions
before the Trial Court. Only upon deposit, the learned Magistrate No.1,
Kancheepuram, shall accept the sureties.
(iv) The petitioners shall appear and sign before the respondent-police
daily at 10.00 a.m. until further orders.
(v) The petitioners shall make themselves available for interrogation by a
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police officer as and when required.
(vi) The petitioners shall not, directly or indirectly, make any
inducement, threat or promise to any person acquainted with the facts of the
case so as to dissuade them from disclosing such facts to the Court or to any
police officer.
(vii) The petitioners shall also not, directly or indirectly, cause any threat
to the defacto complainant and witnesses and shall not tamper the evidence.
(viii) The petitioners shall not leave India without the previous
permission of the Court.
(ix) The petitioners shall furnish their residential address and mobile
number to the Judicial Magistrate No.1, Kancheepuram.
(x) On breach of any of the aforementioned conditions, the learned
Judicial Magistrate No.1, Kancheepuram, or Trial Court, as the case may be, is
entitled to pass appropriate orders against the petitioners 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].
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8. Accordingly, this Criminal Original Petition is allowed subject to the
conditions stated supra.
22-05-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
BGA
Note:
1. Registry is directed to forthwith upload this order on the
Official Website of this Court.
2. All concerned to act on this order being uploaded on
Official Website of this Court without insisting on certified
hard copies. To be noted, this order, when uploaded on the
official website of this Court, will be watermarked and will
also have a QR code.
To
1. The Judicial Magistrate No.1, Kancheepuram
2.The Inspector of Police,
CSCID Police Station,
Kancheepuram District.
(Crime No.140 of 2026)
3. The Public Prosecutor, High Court, Madras
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R.SAKTHIVEL J.
BGA
22-05-2026
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