Madras High CourtCRL OP/12553/2022granted

Santhosh v. State Rep. By

2022-05-27Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Seventh day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice M. NIRMAL KUMAR CRIMINAL ORIGINAL PETITION No.12553 of 2022 SANTHOSH [ PETITIONER / ACCUSED ] Vs STATE REP. BY [ RESPONDENT ] STATION HOUSE OFFICER, CIVIL SUPPLY C.I.D., CUDDALORE, CUDDALORE DISTRICT.

For Petitioner : M/S.E.KANNADASAN Advocate For Respondent : MR.V.MEGANATHAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 6(4) of Tamil Nadu Scheduled Commodities (RDCS) Order, 1982 and r/w Section 7(1)(a)(ii) of the Essential Commodities Act, 1955, in Crime No. 57 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with the other accused were found in illegal possession of 11000 Kgs of PDS rice in 220 bags (each 50 Kgs). Hence the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner has been falsely implicated in this case and he is no way connected with the alleged offence. He further submitted that the co-accused A3 and A4 were released on bail and A1 was enlarged on anticipatory bail. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that the petitioner and other accused were found in possession of 11000 Kgs of PDS rice. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner shall hand over (i) 16 bags of raw Ponni Rice, each containing 50 kgs to the Amala Children Home, No.115, Veereddikuppam, Aladipalakollai Road, Cuddalore-606 104 (Ph.9585599000, 9152705827); (ii) 16 bags of raw Ponni Rice, each containing 50 kgs to the Bird Old Age Home, No.62, Karpagavinayargar Koil Street, Perumber Kandigai, Kanchipuram-603 310, Thozupedu Post, (Ph.9152626812); (iii) 18 bags of raw Ponni Rice, each containing 50 kgs to the Annaiyar Mudhiyor Illam, Plot No.49, Vedhachalam nagar, Elango Street, Kanchipuram-631 501, Indra Threatre Back Side (Ph.

9944171324) and on production of receipt from the said Trust, 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 on which the order copy made ready, before the learned Judicial Magistrate No.I, Cuddalore on condition that the petitioner shall execute a bond for a sum of Rs.

[a]the petitioner and 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 hand over (i)16 bags of raw Ponni Rice, each containing 50 kgs to the Amala Children Home, No.115, Veereddikuppam,Aladipalakollai Road,Cuddalore-606 104 (Ph.9585599000, 9152705827);(ii) 16 bags of raw Ponni Rice, each containing 50 kgs to the Bird Old Age Home, No.62, Karpagavinayargar Koil Street, Perumber Kandigai, Kanchipuram-603 310, Thozupedu Post, (Ph.9152626812); and (iii) 18 bags of raw Ponni Rice, each containing 50 kgs to the Annaiyar Mudhiyor Illam, Plot No.49, Vedhachalam nagar, Elango Street, Kanchipuram-631 501, Indra Threatre Back Side (Ph.9944171324);

[c] 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.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[e] the petitioner shall not abscond either during investigation or trial;

[f] 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]; and; [g] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 27/05/2022 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 STATION HOUSE OFFICER, CIVIL SUPPLY C.I.D., CUDDALORE, CUDDALORE DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE AMALA CHILDREN HOME, NO.115, VEEREDDIKUPPAM, ALADIPALAKOLLAI ROAD, CUDDALORE- 606 104.

6 THE BRID OLD AGE HOME, NO.62, KARPAGAVINAYARGAR KOIL STREET, PERUMBER KANDIGAI, KANCHIPURAM 603 310, THOZUPEDU POST.

7 THE ANNAIYAR MUDHIYOR ILLAM, PLOT NO.49, VEDHACHALAM NAGAR, ELANGO STREET, KANCHIPURAM -631 501, INDRA THREATRE BACK SIDE CC to M/S.E.KANNADASAN Advocate on payment of necessary charges Sr.8161 CRL OP.12553/2022 Date :27/05/2022 RVR 31/05/2022