C Nandhakumar v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/11/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN C Nandhakumar ... Petitioner / Accused No.3 Vs State through The Inspector of Police, CS-CID-Madurai, Tuticorin District (Crime No.92/2023) ... Respondent / Complainant

For Petitioner : K Ramakrishnan, Advocate.

For Respondent : Mr.R.M.Anbunithi,

Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.92/2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A3, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 2(e)(iv), 2(e)(v), 2 (e)(vi) of Motor Spirit and High Speed Diesel (Regulation of Supply and Distribution and Prevention of Malpractices) Order, 1988 r/w Section 7(1)(a)(i) of Essential Commodities Act, 1955, in Crime No.92 of 2023, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that on 13.09.2023, at about 3.00 a.m., while the police official were in vehicle checkup, they intercepted the vehicle TATA 1109 bearing registration No.TN 20 CX 5545, wherein, they found that the accused No.2 was in illegal possession of 35 plastic barrel each containing 150 liters of diesel totalling to 5250 liters without any safety measures. Hence, the complaint.

3.The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. The petitioner has no connection with the vehicle seized. Hence, he prayed to grant anticipatory bail.

4.The learned Additional Public Prosecutor would submit that the petitioner was in possession of 5250 liters of diesel illegally without any safety measures. He opposed the grant of anticipatory bail.

5.Considering the quantity of diesel involved in this case, the earlier anticipatory application filed by the petitioner was dismissed by this Court. Now I find absolutely, no change of circumstances to entertain this petition.

6.Accordingly, this criminal original petition stands dismissed.

sd/-

07/11/2023

/ TRUE COPY /

/11/2023

Sub-Assistant Registrar (C.S. )

Madurai Bench of Madras High Court,

Madurai - 625 023. AAV To

1.The Inspector of Police, CS-CID, Madurai, Tuticorin District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.19963 of 2023 Date :07/11/2023 ED/DD/SAR- (16/11/2023) 3P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023