Asan Madar v. State Rep By
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.12731 of 2022 ASAN MADAR [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CSCID POLICE STATION, CHENNAI.
(CRIME NO.156/2022) For Petitioner : M/S J.ABDUL HADI 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 TNSC (RDCS) Order, 1982 and Section 7(1) of E.C. Act, in Crime No.156 of 2022, seeks anticipatory bail.
2. The case of the prosecution is that on 17.05.2022, the petitioner was found in possession of 30 bags of PDS rice worth about Rs.8,475/-. Hence the case.
3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) would submit that the petitioner was found in possession of 30 bags of PDS rice worth about Rs.8,475/-. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Taking note of the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is directed to donate 15 bags of raw Ponni Rice, each containing 50 kgs. to the St. ANNE'S HOME FOR THE AGED, R.S. Road, Gudiyatham, Vellore-632 602. (Contact No. 04171223737) 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 VI Metropolitan Magistrate, Egmore, Chennai, on condition that the petitioner shall execute a bond for a sum of Rs.
[b] The petitioner shall donate 15 bags of raw Ponni Rice, each containing 50 kgs to the above said Home and the acknowledgment for the same shall be produced before the concerned Magistrate at the time of executing sureties.
[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 VI METROPOLITAN MAGISTRATE, EGMORE, CHENNAI.
2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, CSCID POLICE STATION, CHENNAI.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE ST.ANNES HOME FOR THE AGED R.S.ROAD, GUDIYATHAM, VELLORE-632 602.
(CONTACT NO.04171-223737) +1CC to M/S J.ABDUL HADI Advocate on payment of necessary charges SR.No.8089 CRL OP.12731/2022 Date :27/05/2022 CSK 01/06/2022