Kumaresan v. State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the First day of April Two Thousand Twenty One PRESENT The Hon`ble Mr Justice V.BHARATHIDASAN CRIMINAL ORIGINAL PETITION No.5826 of 2021 KUMARESAN [PETITIONER / ACCUSED] Vs STATE BY [RESPONDENT/COMPLAINANT] THE INSPECTOR OF POLICE, CSCID POLICE STATION, VELLORE UNIT.
CRIME NO.37 OF 2021.
For Petitioner : M/S. M.BALAJI Advocate For Respondent : MR.S.KARTHIKEYAN Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner(A3) apprehending arrest at the hands of the respondent police for the alleged offence under Section 6(4) of TNSC (RDCS) Order-1982 r/w 7(1) of E.C. Act, 1955, in Crime No.37 of 2021 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on routine checkup the respondent intercepted the vehicle belonging to the petitioner and found 3,250 kgs of rice without valid permit. On enquiry it was found that the petitioner is the owner of the vehicle. Hence, the respondent police registered a case against the petitioner.
3. The learned counsel appearing for the petitioner submitted that the petitioner did not indulged in any offence. Hence, he prays to grant anticipatory bail to the petitioner.
4. The learned Additional Public Prosecutor submitted that the petitioner was in possession of 3,250 kgs of rice for selling the same in other States. There is one previous case of similar nature pending against the petitioner. A1 and A2 were arrested and both of them are in judicial custody. He would further submit that there are every chances of the petitioner getting absconded and thereby, derailing the progress of investigation.
https://hcservices.ecourts.gov.in/hcservices/
5. Taking into consideration the gravity of the offence and the petitioner is involved in one previous case of similar nature and the co-accused are in judicial custody and the petitioner having bad antecedents, this Court is not inclined to grant anticipatory bail to the petitioner.
6. This Criminal Original Petition stands dismissed accordingly. -sd/- 01/04/2021 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, VELLORE UNIT, VELLORE DISTRICT.
2.THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S. M.BALAJI Advocate on payment of necessary charges CRL OP.5826/2021 Date :01/04/2021 TK/22.04.2021 https://hcservices.ecourts.gov.in/hcservices/