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Madras High CourtCRL OP/8815/2023dismissed

Thirumalai @ Balan v. State Rep By

2023-06-07Honourable Mr Justice A.D.Jagadish Chandira4 pages

A.D.JAGADISH CHANDIRA, J., The petitioner, who apprehends arrest at the hands of the respondent/ Police for the offences punishable under Sections 6(4) of TN Scheduled Commodities (RDCS) Oder 1982, and Section 7(1)(a)(ii) of Essential Commodities Act, 1955 in Crime No. 41 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused were found in possession of 18,000 Kgs of PDS rice in 360 bags illegally worth about Rs.5,14,000/- . Hence the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He has not committed the offence as alleged by the prosecution.

4. The learned Government Advocate (Criminal Side) appearing for the respondent submitted that totally there are five accused in this case and the petitioner is arrayed as A1. The petitioner is a habitual offender and he involved in three previous cases similar in nature which are registered in Crime Nos.91 of 2021, 243 of 2021 and 97 of 2022. This is the third application filed by the petitioner seeking anticipatory bail before this Court. This Court earlier, taking into consideration of the huge quantity of PDS rice and also found that the custodial interrogation of the petitioner is very much required in this case, dismissed the petition in Crl.O.P.No.12271 of 2022 filed by the petitioner, vide order dated 20.05.2022. Hence, he vehemently opposed to grant anticipatory bail to the petitioner

5. Heard both sides and perused the materials available on record including the FIR.

6. Taking into account the petitioner was in possession of huge quantity of PDS rice and the petitioner is a habitual offender and he has

involved in three cases which are similar in nature, further absolutely, there is no change of circumstances, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

07.06.2023 mfa

A.D.JAGADISH CHANDIRA, J.

mfa 07.06.2023