Venkatramanan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.05.2021

CORAM:

THE HON'BLE MRS. JUSTICE S.KANNAMMAL Crl.O.P.No.8991 of 2021 Venkatramanan ... Petitioner Vs.

State Rep. By, ... Respondent The Inspector of Police CSCID, Kancheepuram Police Station and District, (Crime No.91 of 2021) PRAYER: Criminal Original petition has been filed under Section 438 of Cr.P.C, prayed to enlarge the petitioner on bail in the event of arrest in connection with Crime No.91 of 2021 pending investigation on the file of the respondent Police Station. For Petitioner : Mr.A.Ramesh For Respondent : Mr.T. Shunmugarajeswaran Government Advocate

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Section 3(1) of LPG (RSD) Order 2000 r/w7(1) a(11) of EC Act -1955 in Crime No.91 of 2021, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the when the defacto complainant received a confidential information that one accused Venkatramanan without any valid gas licence, he is selling the commercial gas in the same area, when the respondent police was on raid, they found that , the petitioner was found in possession of 47 gas cylinders and the same were seized. Hence, the law enforcing agency registered a case against the petitioner.

3. The learned counsel for the petitioner submits that the petitioner had not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor vehemently opposed the grant of bail by stating that the respondent police received a confidential information that one accused Venkatramanan without any

valid licence, he is selling the commercial gas in the same area, when the respondent police was on raid, they found that , the petitioner was found in possession of 47 gas cylinders and the same were seized.

5. Taking into consideration the fact that the cylinders were seized by the respondent police, this Court is inclined to grant bail to the petitioner subject to the following conditions: 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.1, Kancheepuram 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: (a) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b) the petitioner shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter as and when required for interrogation..

(e) on breach of any of the aforesaid conditions, the learned 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 petitioners 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]; and;

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

-sd/- 12/05/2021 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 JUDICIAL MAGISTRATE, NO.1, KANCHEEPURAM.

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

4 THE INSPECTOR OF POLICE, CSCID, KANCHEEPURAM POLICE STATION, DISTRICT.

CC to M/S.A.RAMESH Advocate on payment of necessary charges CRL OP.8991/2021 Date :12/05/2021 TA-02/07/2021