Seetharaman v. Station House Officer,

CRL OP NO. 1399 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-01-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 1399 of 2025 Seetharaman, S/o. Kasinathan, 537, Kail Koil Street, Kattumannarkovil Taluk, Senthanadu, Ulundurpettai, Taluk, Villupuram District - 608 703.

Petitioner(s) Vs.

S.H.O. Civil Supply Crime, Investigation Department, Cuddalore. (Crime No.221 of 2024) Respondent(s) For petitioner(s): Mr. Arokhiaraj Jairaj For Respondent(s): Mr. S. Santhosh, Government Advocate (Criminal Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 3(1)(c) of the Liquefied Petroleum Gas (Regulation of Supply and Distribution) (LPG (RSD), Order 2000, r/w Section 7(1)(a)(ii) of the Essential Commodities Act, 1955, in Crime No.221 of 2024, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was found to be in illegal possession of an LPG gas cylinder and gas refilling equipments, which were used for domestic and commercial purposes. Hence, this case.

3. Learned counsel for the petitioner submits that the petitioner is a private gas executor and that a false case has been foisted against him due to business enmity. He further submits that the petitioner has no previous case against him. The petitioner is also ready to abide by any stringent conditions that may be imposed by this Court. Therefore, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police opposed for granting anticipatory bail to the petitioner. He stated that the petitioner was found in illegal possession of 9 domestic purposes cylinder and 100 commercial cylinders and refilling equipments. There are no previous cases pending against the petitioner.

5. Having heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent Police and perused the materials available on record.

6. Taking into consideration of the facts and circumstances of the case, and considering the fact that the petitioner has no previous case pending against him, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on

bail in the event of arrest or on his appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.1, Cuddalore District, 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 respondent Police or the Police officer who intends to arrest or to the satisfaction of the said Magistrate, on further condition that:

[a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;

[b] the petitioner and 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 petitioner shall report before the respondent Police on everyday at 10:30 A.M., for a period of two weeks and thereafter, the petitioner shall appear before the respondent Police on every Saturday at 10:30 A.M., until further orders;

[d] the petitioner shall not tamper with evidence or witness either during the investigation or during the trial; [e] the petitioner shall not abscond either during the investigation or during the trial;

[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have

been imposed and the petitioner was 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] [g] If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

22.01.2025 klt To S.H.O. Civil Supply Crime, Investigation Department, Cuddalore. (Crime No.221 of 2024)

A.D. JAGADISH CHANDIRA, J.

klt CRL.OP. No. 1399 of 2025 22.01.2025