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Madras High CourtCRL OP/10396/2023dismissed

Shahul @ Shahul Hameed v. Inspector Of Police

2023-06-05Honourable Mr Justice A.D.Jagadish Chandira3 pages

A.D.JAGADISH CHANDIRA, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 6(4) of TN Scheduled Commodities (RDCS) Order, 1982 and Section 7(1)(a)(ii) of EC Act, 1955, in Crime No.7 of 2023, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner along with other accused have illegally transported 11,440 kgs (26x440) of PDS rice in a TATA ULTRA LORRY bearing registration No.KA 19 AC 7198 without any valid license. Hence the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He would further submit that this is the 2nd application for anticipatory bail and the earlier application filed by the petitioner was dismissed by this Court in Crl.O.P.No.6059 of 2023 by order dated 17.03.2023.

Therefore, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) for the respondent would submit that the petitioner along with other accused have illegally transported 11,440 kgs (26x440) of PDS rice in a TATA ULTRA LORRY bearing registration No.KA 19 AC 7198 without any valid license. He would further submit that the petitioner has fifteen (15) previous cases against him. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Taking into account the nature of offence and the antecedents of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

05.06.2023 jas

A.D.JAGADISH CHANDIRA, J.

jas 05.06.2023