Davidraj 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 Davidraj ... Petitioner/Accused No.1

Vs The State represented by The Inspector of Police, Cscid Unit, Tirunelveli Police Station, Madurai. (In Crime No.247 of 2023) ... Respondent/Complainant For Petitioner : M/s.Susi Kumar C,

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. 247 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 r/w. 7(1)(a)(ii) of Essential Commodities Act, in Crime No.247 of 2023 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that on receiving secret information, the respondent police has conducted vehicle check up on 24.09.2023, and at that time, the petitioner herein and other accused have illegally found in possession of 3000 Kgs of PDS rice worth about Rs.18,000/-. 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 and hence, seeks anticipatory bail.

¶4The learned Additional Public Prosecutor appearing for the respondent would submit the petitioner and other accused have illegally transported 3000 Kgs of PDS rice and the investigation of the case is pending and 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 CSCID UNIT, TIRUNELVELI POLICE STATION, MADURAI. 2 THE ADDITIONAL PUBLIC PROSECUTOR,

MADURAI BENCH OF MADRAS HIGH COURT,

MADURAI. ORDER IN CRL OP(MD) No.17940 of 2023 Date :09/10/2023 SS/JGB/16/10/2023/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023