Rajesh v. State Rep By

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 G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.11970 of 2022 RAJESH [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, TIRUVALLUR POLICE STATION, CSCID-CHENNAI DISTRICT.

(CRIME NO. 39 OF 2022) For Petitioner : M/S S.N.A.HUSSAINY Advocate For Respondent : M/S.A.DAMODARAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 6(4) of Tamil Nadu Scheduled Commodities (RDCS) Order 1982 and Section 7(1)(a)(ii) of Essential Commodities Act, 1955 in Crime No.39 of 2022, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner is alleged to have illegally possession PDS rice and wheat without any document. Hence, this complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he is no way connected with the alleged offence. He would further submit that he has no previous case and only based on the confession of the other accused/A5 and A6, his name has been added in the FIR. Hence, he prays for anticipatory bail.

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4.The learned Additional Government Pleader would submit that totally six accused involved in this case. The petitioner, who is the owner of the godown is arrayed as A1. The allegation is that the petitioner along with other accused possessed PDS rice and wheat illegally without any document. The co-accused/A4,A5 and A6 were arrested. The following essential commodities were seized by the respondent police:- Property Name Property Values Description 890: Rice 240125 50kgs 840 bags totally 42500 kg PDS rice 891:Wheat 112500 50kg 150 bags totally 7500 kg PDS wheat Lorry 200000 AP 26 TK 2292 Ashok Leyland Total value of the properties involved = Rs.5,52,625/- 3.Considering the huge quantity of Essential Commodities been illegally stocked, the custodial interrogation of the petitioner is very much essential. Hence, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-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 INSPECTOR OF POLICE, TIRUVALLUR POLICE STATION, CSCID-CHENNAI DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S S.N.A.HUSSAINY Advocate on payment of necessary charges CRL OP.11970/2022 Date :19/05/2022 RW-26/05/2022 https://hcservices.ecourts.gov.in/hcservices/