Deivanantham v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Eighth day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL ORIGINAL PETITION No.2832 of 2022 DEIVANANTHAM [ PETITIONER / ACCUSED ] Vs STATE BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CSCID POLICE STATION, KRISHNAGIRI DISTRICT, KRISHNAGIRI DISTRICT.

CR.NO.189 OF 2021.

For Petitioner : M/S.M.JAYACHANDRAN Advocate For Respondent : MR.S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 6

(4) of TNSC (RDCS) Order 1982 r/w 7(i) a(ii) of E.C Act 1955, in Crime No.189 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that during the relevant point of time, the petitioner had transported 20,000 Kgs (50 x 400) of PDS rice in a ASHOK LEYLAND Lorry bearing registration No.KA 01 B 6367 without valid license. Hence, the Law Enforcing Agency registered a case against the petitioner.

3.The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioner.

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4.The learned Government Advocate (Criminal Side) appearing for the respondent police raised objection stating that if the petitioner is released on bail he may try to tamper the witnesses and hamper investigation. He further submitted that investigation is still pending.

5. The submissions made by the learned Counsel on either sides are considered.

6. Considering the gravity of offence committed by the petitioner, the quantity of contraband involved in this case, shows that the petitioner committed offence not only against the state, it is as against the poor and needy people. Hence, considering the fact that the investigation is pending, this Court is not inclined to grant anticipatory bail to the petitioner.

7.Accordingly, this Criminal Original Petition is dismissed. -sd/- 08/02/2022 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 INSPECTOR OF POLICE, CSCID POLICE STATION, KRISHNAGIRI DISTRICT, KRISHNAGIRI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.M.JAYACHANDRAN Advocate on payment of necessary charges CRL OP.2832/2022 Date :08/02/2022 TA-28/02/2022 https://hcservices.ecourts.gov.in/hcservices/