Vishnumanoj v. The State Rep By, the Inspector of Police

ORDER The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 2(e)(v), 2(e)(vi), 2(e)(ix) of Motor Spirit & High Speed Diesel (Regulation of Supply and Distribution and Prevention of Malpractices) order 1998 r/w. Section 7(1)(a) of Essential Commodities Act, 1955 in Crime No. 324 of 2025, seeks anticipatory bail.

¶2The allegation against the petitioner is that the petitioner is having a browser for distribution of the diesel to the vehicles and it is alleged that petroleum dealer association has come forward with the complaint stating that the petitioner herein is illegally selling the diesel and also the diesel sold by the petitioner is adulterated. Hence on the basis of the complaint the case has been registered.

¶3Mr.S.R.Rajagopal, learned senior counsel appearing for the petitioner would submit that the allegation against the petitioner is that he violated certain control order relating to distribution of the petroleum products and the FIR was also registered in the month of November. He further submitted that the petitioner is having valid permission to sell the diesel to these vehicles and there is no violation as alleged in the complaint. And it is further alleged that some adulterated material has been used and the same is not substantiated by taking appropriate samples. Therefore, he prays for grant of anticipatory bail to the petitioner.

¶4The learned Government Advocate (Crl.side) appearing for the respondent police reiterated the prosecution case and submitted that they have also collected samples from the browser used by the petitioner herein and the test report is also stated that it is a failure report and however it is confirmed that the petitioner is selling diesel. Hence, she opposed the grant of bail to the petitioner.

¶5Considering the nature of the allegations involved in this case and the fact that the petitioner is having valid license and permission to deal with the petroleum products more particularly diesel, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

¶6Accordingly, 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 made ready, before the learned Judicial Magistrate, Salem on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition:

(a) If the petitioner fails to surrender before the concerned 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;

(b) 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;

(c) The petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions 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 v. State of Kerala [(2005) AIR SCW 5560];

(e) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS. 30-01-2026 Mpa Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1.Judicial Magistrate, Salem.

2.The State Rep By, The Inspector of Police No. 3/50, Kuralanatham, Salem - 636

204.CSCID - Coimbatore, Salem.

3.The Public Prosecutor, High Court of Madras. K.RAJASEKAR J. mpa

30-01-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-01-2026 CORAM THE HONOURABLE MR.JUSTICE K.RAJASEKAR 1. Vishnumanoj No. 3/50, Kuralanatham, Salem - 636 204. Petitioner(s) Vs 1. The State Rep By, The Inspector of Police No. 3/50, Kuralanatham, Salem - 636 204.CSCID - Coimbatore, Salem. Respondent(s) PRAYER To grant anticipatory bail to the Petitioner in connection with Crime No. 324 of 2025 pending investigation on the file of the Respondent Police. For Petitioner(s): Mr.S.R.Rajagopal Senior Advocate for Lamech Indian For Respondent(s): M/S.J.R.Archana Government Advocate (Crl.Side)