Ajeesh @ Azeezullah v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Seventh day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL ORIGINAL PETITION No.2830 of 2022 AJEESH @ AZEEZULLAH [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CSCID POLICE VELLORE VELLORE DISTRICT (CRIME NO.15 OF 2022) For Petitioner : M/S.M.SATHISH KUMAR Advocate For Respondent : MR.S.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 apprehend arrest at the hands of the respondent police for the offences punishable under Section 6(4) of TNSC (RDCS) Order 1982, r/w 7(1) a (ii) of E.C.Act, 1958 in Crime No.15 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. Totally there are three accused in this case. The case of the prosecution is that on 28.01.2022, when the respondent police was on a regular patrol, they found three two wheeler carrying 2 bags of PDS rice each containing 50kgs. Further, the petitioner along with two other accused persons had illegally transported 3,000 kgs of PDS rice worth about Rs.20,000/-. Hence the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submits that based on the confession of A2, this petitioner was arrested. He further submits that the petitioner is neither the owner of the vehicles nor the PDS rice. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appeared for the respondent police fairly conceded that only in the month of 29th January, the petitioner and other accused persons are attempted to transport 3,000 kgs of PDS by using two wheelers from Tamil Nadu to Andhra Pradesh. He further submits that there is no previous case pending against the petitioner. However, he vehemently opposed for the grant of anticipatory bail to the petitioners. 5.The submission made by the learned counsel on either side is considered.

6. Considering the above facts and circumstances of the case, the offence committed by the petitioner is very serious in nature. By way of this offence, large number of needy and poor people are suffered. Hence, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. -sd/- 07/02/2022 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, VELLORE DISTRICT

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.M.SATHISH KUMAR Advocate on payment of necessary charges CRL OP.2830/2022 Date :07/02/2022 JPA 14/02/2022