Pichandi v. State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Sixteenth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.13919 of 2022 PICHANDI [ PETITIONER / ACCUSED ] Vs STATE BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CSCID THIRUVANNAMALAI POLICE STATION, THIRUVANNAMALAI DISTRICT.
CRIME NO.63 OF 2022.
For Petitioner : M/S. S. SILAMBU SELVAN Advocate For Respondent : M/S.V.J.PRIYADARSANA, 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 Commodity (RDCS) Order, 1982 and r/w Section 7(1)(a)(ii) of the Essential Commodities Act, 1955, in Crime No.63 of 2022, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner along with three others were found in illegal possession of 6000 Kgs of PDS rice in a van. Hence, the case was registered by the respondent police.
3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person 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) submitted that the petitioner was found in illegal possession of 6000 Kgs of PDS rice. Pursuant to the said crime, the petitioner and three others were https://hcservices.ecourts.gov.in/hcservices/
arrested and remanded on judicial custody. Thereafter, by order 28.04.2022, the petitioner was granted bail and the same was cancelled for the reasons that the petitioner has very bad antecedent and so far, he has been involved in six previous cases, similar in nature. He further submitted that this Court had already dismissed the anticipatory bail petition of the petitioner. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Taking into consideration the allegations and the fact that the petitioner has six previous cases, similar in nature and also the fact that the petitioner was in possession of huge quantity of PDS rice, which is a very serious offence, this Court is of the view that the custodial interrogation of the petitioner is very much required in the case. In fact, in an earlier occasion, this Court has dismissed the anticipatory bail petition filed by the petitioner and now, this Court finds no change of circumstances. Therefore, this Court is not inclined to grant anticipatory bail.
6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 16/06/2022 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, CSCID THIRUVANNAMALAI POLICE STATION, THIRUVANNAMALAI DISTRICT.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S. S. SILAMBU SELVAN Advocate on payment of necessary charges CRL OP.13919/2022 Date :16/06/2022 JPA 23/06/2022 https://hcservices.ecourts.gov.in/hcservices/