N.Ahamed Ali v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.06.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.8505 of 2020 N.Ahamed Ali, M/47, A-1 S/o.S.Naina Mohammed, No.376, Basuveswar Street, Bhavani, Erode District.

... Petitioner Vs.

State by The Inspector of Police, Civil Supplies CID, Krishnagiri, Krihshnagiri District.

Crime No.122 of 2019 ... Respondent Prayer: Criminal Original Petition filed under Section 438 Cr.P.C., praying to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.122 of 2019, on the file of the Inspector of Police, Civil Supplies CID, Krishnagiri, Krishnagiri District. For Petitioner : Mr.C.Prakasam For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 6(4) of TNSC (RDCS) Order 1982 r/w.7(1)(a)(ii) of E.C.Act, in Crime No.122 of 2019, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused were found in illegal possession of 350 bags of rice each 50 kgs by using lorry bearing Registration No.KA-01-AD-7155. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that the petitioner along with other accused were found in illegal possession of 350 bags of rice each 50 kgs by using lorry bearing https://hcservices.ecourts.gov.in/hcservices/

Registration No.KA-01-AD-7155. He would also submit that there are 34 previous cases pending as against the petitioner. Hence, he vehemently opposed to grant of anticipatory bail to the petitioner.

5. It is seen that that there are totally three accused in this case and the petitioner is arrayed as A-1. According to the prosecution, the petitioner along with other accused were found in illegal possession of 350 bags of rice each 50 kgs by using lorry bearing Registration No.KA-01-AD-7155. Further that there are 34 previous cases pending as against the petitioner. That apart, the earlier anticipatory bail application was dismissed by this Court in Crl.O.P.No32548 of 2019 on 03.12.2019.

6. Considering the facts and circumstances of the case and the serious offence committed by the petitioner and also there is absolutely no change in circumstances in this case, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, these Criminal Original Petition is dismissed. -sd/- 30/06/2020 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,.KRISHANAGIRI,KRISHNAGIRI DISTRICT 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, CIVIL SUPPLIES CID, KRISHNAGIRI, KRISHNAGIRI DISTRICT.

CC to M/S.C.PRAKASAM Advocate on payment of necessary charges CRL OP.8505/2020 Date :30/06/2020 rd 28/07/2020 https://hcservices.ecourts.gov.in/hcservices/