← Library
Madras High CourtCRL OP/8999/2017granted

Jaffar @ Jaffar Shadik, v. The State Rep By Its,

2017-05-24Honourable Dr. Justice S. Vimala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Fourth day of May Two Thousand Seventeen PRESENT The Hon`ble Dr. Justice S. VIMALA CRIMINAL ORIGINAL PETITION No.8999 of 2017 JAFFAR @ JAFFAR SHADIK, [ PETITIONER / ACCUSED ] Vs THE STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, CSCID, POLLACHI COIMBATORE DISTRICT CR.NO.381 OF 2016 For Petitioner : M/S.W.CAMYLES GANDHI Advocate For Respondent : MR. M.MOHAMED RIYAZ, 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 offences punishable under Sections 6 (4) TNSC RDCS 1982 read with Section 7 (1) (a) (ii) of the Essential Commodities Act, 1955, in Crime No.381 of 2016 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that, on 17.10.2016, during the routine checkup in Pillaiyarpuram to Phase II Road, by the respondent, the petitioner was found with possession of two rice bags of PDS rice, valued at Rs.5,085/-.

3. According to the case of the accused, he is an agriculturists and he was in possession of rice, which belongs to him and not the PDS rice.

4. The learned Government Advocate (Crl. Side) would submit that the value of the PDS rice is about Rs.5,085/- and the investigation is not yet completed.

5. Considering facts and circumstances of the case, this Court is inclined to entertain this petition.

6. 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.IV, Coimbatore, 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 learned Magistrate concerned and on further condition that the petitioner shall report before the respondent police on every Monday and Wednesday at 10.30 a.m. for a period of four weeks and thereafter as and when required for interrogation. -sd/- 24/05/2017 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. IV, COIMBATORE.

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

4 THE INSPECTOR OF POLICE, CSCID, POLLACHI COIMBATORE, DISTRICT +1CC to M/S.W.CAMYLES GANDHI Advocate on payment of necessary charges SR.NO.9445 CRL OP.8999/2017 Date :24/05/2017 EGR 29/05/2017