A.Munna Mohamed v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/10/2023 PRESENT The Hon`ble Mr.Justice V.SIVAGNANAM A.Munna Mohamed, ... Petitioner/Accused 1

Vs The Inspector of Police, Thanjavur CSCID Police Station, Thanjavur District. (Crime No.73 of 2023). ... Respondent/Complainant For Petitioner : M/s.PINAYGASH I,

Advocate. For Respondent : Mr.Rms.Sethuraman,

Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 73 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under section 6(4) Tamil Nadu Scheduled Commodities (RDCS) Order, 1982 and 7(1)(a)(ii) Essential Commodities Act, in Crime No.73 of 2023 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that on 28.06.2023 on receiving secret information, the respondent police has conducted searching and at that time, the petitioner herein and other accused have illegally found in possession of 9350 Kgs of PDS rice in their vehicle. Hence, the case.

¶3The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case. He would further submit that co-accused have already granted anticipatory bail by this Court in Crl.O.P(MD). No.13470 of 2023, dated 24.07.2023 and hence, seeks anticipatory bail.

¶4The learned Additional Public Prosecutor appearing for the respondent would submit the petitioner and other accused have illegally found in possession of 9350 Kgs of PDS rice and the petitioner herein is having previous cases in similar nature of offence. Hence, he strongly opposed to grant anticipatory bail to the petitioner.

¶5Considering the facts and circumstances of the case and also considering the serious nature of allegations made against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.

¶6Accordingly, this Criminal Original Petition is dismissed.

sd/-

09/10/2023

/ TRUE COPY /

/10/2023

Sub-Assistant Registrar (C.S. )

Madurai Bench of Madras High Court,

Madurai - 625 023. TRP TO 1 THE INSPECTOR OF POLICE, THANJAVUR CSCID POLICE STATION, THANJAVUR DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.I.PINAYGASH, Advocate ( SR-14899[I] dated 10/10/2023 ) ORDER IN CRL OP(MD) No.17953 of 2023 Date :09/10/2023 SA/DD/SAR. /16.10.2023/3P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.