Muthaa @ Marudhamuthu v. State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty Third day of February Two Thousand Twenty One PRESENT The Hon`ble Mr Justice V. BHARATHIDASAN CRIMINAL ORIGINAL PETITION No.125 of 2021 1 MUTHAA @ MARUDHAMUTHU [ PETITIONERS / ACCUSED ] 2 MANI @ MANIKANDAN PRABU Vs STATE REP BY, [ RESPONDENT ] THE INSPECTOR OF POLICE, CIVIL SUPPLY CID,POLLACHI, COIMBATORE DISTRICT.

CR NO.215/2020.

For Petitioner : M/S.W.CAMYLES GANDHI Advocate For Respondent : M/S.S.KARTHIKEYAN, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners are A2 and A3. Apprehends arrest at the hands of the respondent police for the alleged offence under Section 6(4) of Tamilnadu Scheduled Commodities (RDCS) Order 1982, r/w. Section 7(i)(a)(ii) of Essential Commodities Act, 1955 in Crime No.215 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on secret information the respondent police broke open a house with the assistance of VAO and found 1935 kgs of PDS rice were hoarded there. On enquiry they came to know that A1 to A3 were involved in hoarding the PDS Rice. Hence, the respondent police registered a case against the petitioners.

3. The learned counsel appearing for the petitioner submitted that the petitioners did not indulged in any offence. Now, A1 has been arrested and released on bail and the petitioners are in no way connected with the offence. Hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioners were hoarding huge quantity of PDS rice unauthorizedly. He would further submit that A1 in this case has been arrested and released on bail.

5. The learned counsel for the petitioners, on instructions, submitted that the petitioner is prepared to deposit a sum of Rs.5,000/-(Rupees five Thousand only) without prejudice to their defence.

6. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, subject to the following conditions :

(a) Accordingly, the petitioners are ordered to be released on bail, in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.IV, Coimbatore, on condition that the petitioners shall execute a separate bond for a sum of Rs.

10,000/- (Rupees ten thousand only) with two sureties, for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: (b) The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity. (c) The petitioners are directed to deposit a sum of Rs.5,000/- (Rupees five Thousand only) to the credit of Ozanam Home of Love, Ozanam Anbu Illam, Nanguneri, Tirunelveli District, Indian Overseas Bank, Nanguneri Branch, (A/c.No.13871000006401, IFSC No.

(d) The petitioners shall appear before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required for interrogation.

(e) The petitioners shall not tamper with evidence or witness either during investigation or trial.

(f) The petitioners shall not abscond either during investigation or trial.

(g) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action 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 vs. State of Kerala [(2005)AIR SCW 5560]. (h) If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

7. With the above directions, this Criminal Original Petition is ordered.

-sd/- 23/02/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, NO.IV, COIMBATORE.

2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE(FOR INFORMATION) 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, CIVIL SUPPLY CID,POLLACHI, COIMBATORE DISTRICT.

5 OZANAM HOME OF LOVE, OZANAM ANBU ILLAM, NANGUNERI, TIRUNELVELI DISTRICT, INDIAN OVERSEAS BANK, NANGUNERI BRANCH, (A/C.NO.13871000006401, IFSC NO.IOBA0001387) CC to M/S.W.CAMYLES GANDHI Advocate on payment of necessary charges sr.2178 CRL OP.125/2021 Date :23/02/2021 RVR 05/03/2021