Subramanian v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/11/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Subramanian

... Petitioner/Accused No.2

Vs The State, represented by The Inspector of Police, Civil Supplis C.I.D, Virudhunagar. (Crime No.172 of 2023). ... Respondent/Complainant For Petitioner : Mr.L.Manivasagam,

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.172 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused No.2, apprehending arrest at the hands of the respondent Police for the alleged offence punishable under Sections 6(4) of the Tamil Nadu Scheduled Commodities (Regulation of Distribution by Call System) Order, 1982, r/w.7(1)(a)(ii) of Essential Commodities Act, 1955, in Crime No.172 of 2023 on the file of the respondent Police, seeks anticipatory bail.

¶2The case of the prosecution is that on 01.11.2023, the respondent Police was on routine patrol duty over Amanakundham to Kurunthamandam road, a TATA vehicle bearing registration No.TN 58 BH 7994 was coming along with the said road. The respondent Police intercepted the vehicle and seized 35 bags of rice. Further, fourth accused confessed that the petitioner and the third accused have collected the rice from the local people and transported the same to the petitioner. Hence, the complaint.

¶3The learned counsel for the petitioner would submit that the petitioner is an innocent and is no way connected in this case. Further, the fourth accused is son-in-law of the petitioner. He has been falsely implicated in this case.

¶4The learned Additional Public Prosecutor for the respondent Police submitted that the PDS rice, which was transported illegally by the petitioner is worth about Rs.7,980/- and co-accused has been granted anticipatory bail.

¶5Considering the fact and circumstance of this case and considering that co-accused has been granted anticipatory bail, this Court is inclined to grant anticipatory bail to the petitioner.

¶6Accordingly, this Criminal Original Petition is allowed on condition that the petitioner shall deposit a sum of Rs.7,980/- (Rupees Seven Thousand Nine Hundred and Eighty only) to the credit of Cr.No.172 of 2023 before the trial Court concerned without prejudice to his rights and contentions before the trial Court.

¶7On such deposit being made, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.I, Virudhunagar, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

¶8The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/-

08/11/2023

/ TRUE COPY /

/11/2023

Sub-Assistant Registrar (C.S. )

Madurai Bench of Madras High Court,

Madurai - 625 023. INDU TO 1 THE JUDICIAL MAGISTRATE NO.I VIRUDHUNAGAR. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR. 3 THE INSPECTOR OF POLICE CIVIL SUPPLIES C.I.D, VIRUDHUNAGAR. 4 THE ADDITIONAL PUBLIC PROSECUTOR,

MADURAI BENCH OF MADRAS HIGH COURT,

MADURAI. +1 CC to M/s.T.LENINKUMAR, Advocate ( SR-16104[I] dated 09/11/2023 ) ORDER IN CRL OP(MD) No.20086 of 2023 Date :08/11/2023 SS/DD/SAR- /21/11/2023/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023