Selvaraj (Selvaraj David) v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.04.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.8435 of 2022 Selvaraj(Selvaraj David) .. Petitioner Vs.

The State rep. by The Inspector of Police, Pollachi CSCID Police Station, Coimbatore.

(Crime No.79 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.79 of 2022 pending on the file of the respondent police. For Petitioner : Mr.R.C.Paul Kanagaraj For Respondent : Ms.G.V.Kasthuri Additional Public Prosecutor ********

ORDER

The petitioner/Accused, who was arrested for the offences punishable under Sections 6(4) Tamil Nadu Schedule Commodities (Regulation of Distribution Through Card System) Order 1982 read with Section 7(1)(a)(ii) of the Essential Commodities of Act 1955 in Crime No.79 of 2022, on the file of the respondent police, seeks bail.

2. The petitioner herein found in possession of 1100 kgs of PDS rice with intention to transport it illegally without any proper permit. The petitioner was arrested on 23.03.2022. The respondent police has recorded the confession statement of the accused and investigation is substantially completed. Now the petitioner seeks bail.

3. The learned Additional Public Prosecutor for the respondent opposed for the grant of bail to the petitioner on the ground that the petitioner is an habitual offender and 12 previous cases pending against him.

4. The learned counsel for the petitioner submits that those cases are old cases from the year 2012.

5. As far as the present case is concerned, it appears that the petitioner, who is a dealer in rice, procured PDS rice from the card holders and to sell it across the State of Kerala. 6.Taking note of the above fact, this Court is of the view that the petitioner may be granted bail subject to certain conditions. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions;

(a) the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.IV, Coimbatore.

(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity; (c) the petitioner is directed to report before the Investigating Officer daily at 10.30 a.m. until further orders. (d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 12/04/2022 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 JUDICIAL MAGISTRATE, NO.IV, COIMBATORE.

2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, POLLACHI CSCID POLICE STATION, COIMBATORE.

4 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S R.C.PAUL KANAGARAJ Advocate on payment of necessary charges SR.No.5583 CRL OP.8435/2022 Date :12/04/2022 CSK 12/04/2022