Sekar v. State Rep By The Inspector Of Police

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.11700 of 2022 1 SEKAR [ PETITIONERS / ACCUSED ] 2 RAVI @ MADARAPAKA CHANDRASEKHAR 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 petitioners apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 6(4) of TN 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 on 07.02.2022, at about 12.00PM, the respondent Police received information from E-5 Police Station that while they were conducting vehicle inspection near Vijayanallur Toll Plaza, they found that 3000 kgs of PDS rice was being illegally transported in lorry bearing No.AP-26-TK-2292 without any proper document. Thereafter, based on the confession of the driver, they inspected 2 Godown in Konimedu Ellampet and found illegal stocks of 7500 kgs of wheat and 12500 kgs of PDS rice, totally worth about Rs.2,40,125/- and Rs.1,12,500/- and arrested two persons viz., Murugan (A5) and Sugumar (A6). Hence, Mrs.K.Kalaiselvi, attached to the respondent police station inspected the spot with other police officials and registered the case. https://hcservices.ecourts.gov.in/hcservices/

3. The learned counsel for the petitioner submitted that the petitioners are arrayed as A2 and A3. The 1st petitioner is the owner of the vehicle and he gave his lorry for emergency purpose and the petitioners have no knowledge about the aforesaid crime and the petitioners' names were added in this case based on the confession statement of A5 and A6. Hence he prays to grant anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor submits that the 1st petitioner is the owner of the vehicle and the 2nd petitioner is the receiver of PDS rice. They were said to have transported 600 bags of PDS rice without proper document. He further submitted that one similar previous is pending against the petitioners. Hence, he vehemently opposed for granting anticipatory bail.

5. Taking into consideration the allegations and the fact that the 1st petitioner is the owner of the vehicle and the 2nd petitioner is the recevier of the PDS rice, who is the main person to transpot huge quantity of PDS rice to Kerala and other states and they were also involved in another case which is similar in nature, this Court is of the view that the custodial interrogation of the petitioners is required in this case. Therefore, this Court is not inclined to grant anticipatory bail.

6. 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.11700/2022 Date :19/05/2022 RW-26/05/2022 https://hcservices.ecourts.gov.in/hcservices/