M.Shankar, Aged 38 Years v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Fifth day of May Two Thousand Seventeen PRESENT The Hon`ble Mr Justice P. KALAIYARASAN CRIMINAL ORIGINAL PETITION No.8793 of 2017 M.SHANKAR [ PETITIONER / ACCUSED ] Vs STATE REP. BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CSCID KRISHNAGIRI AND DHARMAPURI, DHARMAPURI DISTRICT.

CR.NO.33 OF 2017 For Petitioner : M/S.A.E.KALAISELVAN Advocate For Respondent : MR. B.RAMESH BABU, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Heard both sides.

2. The petitioner apprehending arrest at the hands of the respondent police for the alleged offence punishable under Section 6

(4) of T.N.S.C.(RDCS) Order 1982 r/w 7(1)a(ii) of E.C. Act 1955 in Crime No.33 of 2017 on the file of the respondent police, seek anticipatory bail.

3. The petitioner is alleged to have been in possession of 666 kgs of PDS rice. The learned counsel appearing for the petitioner submits that the co-accused has been already been released on bail and that the petitioner is having permanent residence.

4. The learned Government Advocate (Crl.Side) opposes this application granting anticipatory bail to the petitioner. However, he concedes that the co-accused has been already released on bail.

5. Considering the nature of the offence, that the co-accused has been already released on bail, the fact that the petitioner is also having permanent residence and also the facts and circumstances of the case, this Court is inclined to grant Anticipatory Bail to the petitioner.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Magistrate No.I, Dharmapuri and on his executing 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 on further condition to appear before the respondent police every Monday at 10.00 a.m for a period of two weeks and thereafter, as and when required for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C scrupulously.

7. The petitioner shall appear before the concerned Judicial Magistrate within a period of three weeks from the date on which the order copy made ready, failing which, the petitioner for anticipatory bail stands dismissed.

-sd/- 05/05/2017 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.I, DHARMAPURI.

2 THE CHIEF JUDICIAL MAGISTRATE DHARMAPURI [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, CSCID KRISHNAGIRI AND DHARMAPURI, DHARMAPURI DISTRICT.

+1CC to M/S.A.E.KALAISELVAN Advocate on payment of necessary charges SR NO.8337 CRL OP.8793/2017 Date :05/05/2017 MK:09/05/2017