Ramki v. The Station House Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Nineteenth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice N. ANAND VENKATESH CRIMINAL ORIGINAL PETITION No.11625 of 2022 RAMKI [ PETITIONER / ACCUSED ] Vs STATE REP. BY [ RESPONDENT ] THE STATION HOUSE OFFICER CIVIL SUPPLY C.I.D, CUDDALORE, CUDDALORE DISTRICT CRIME NO.57 OF 2022 For Petitioner : E.KANNADASAN Advocate For Respondent : M/S.E.RAJ THILAK, Additional Public Prosecutor PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 26.03.2022, for the alleged offence under Sections 6(A), 6(2), 6(3) of Tamil Nadu Schedule Commodities (Regulation of Distribution Through card system) order 1982 r/w Section 7(1)(a)(ii) of the Essential Commodities Act, 1955, in Crime No.57 of 2022, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the accused persons had illegally transported 11,000 kgs. of PDS rice. There are totally 4 accused persons in this case and the petitioner has been arrayed as A3.
3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent.
4. It is brought to the notice of this Court that A1 and A2 have already been granted anticipatory bail and there are no previous cases against the petitioner. That apart, the entire PDS rice has been recovered by the respondent police. The petitioner has also suffered incarceration for nearly 55 days.
5. Taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail subject to the following conditions.
6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.5,000/- (Rupees Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Cuddalore, and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate 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 as and when required for interrogation.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioner shall not abscond either during investigation or trial.
[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 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/- 19/05/2022 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.I, CUDDALORE 2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE [FOR INFORMATION] 3 THE STATION HOUSE OFFICER CIVIL SUPPLY C.I.D, CUDDALORE, CUDDALORE DISTRICT 4 THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE 5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to E.KANNADASAN Advocate on payment of necessary charges SR.NO.7540 CRL OP.11625/2022 Date :19/05/2022 JPA 19/05/2022