Riaz Ahmed v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Seventeenth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.14059 of 2022 RIAZ AHMED [ PETITIONER / ACCUSED ] Vs THE STATE OF TAMIL NADU [ RESPONDENT ] REP BY INSPECTOR OF POLICE, CSCID VILLUPURAM POLICE STATION, VILLUPURAM DISTRICT.

(CR NO.90/2022) For Petitioner : M/S.M.DEVARAJ 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 Section 21A, 35 (1)(a), 35(1)(b), 34(4) and 28(1)(a) of the Fertilizer Control Order 1985 R/w 7(1)(a)(ii) of the Essential Commodities Act, 1955, in Crime No.90 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the complainant had inspected the fertilizer unit of M/s.Indhia Fertilizer which was granted license for manufacturing mixed fertilizer found about 16,245 kg of Urea was stocked without any proper document, bill invoice etc., further STD mixture No.18 NPK measuring 12,900 kg and STD mixture No.29 NPK 11,900 kg was not property accounted in the register as such violated the provisions of the Fertilizer Control order and Fertilizer Movement order and EC Act. Hence,

3. The learned counsel for the petitioner would submit that on 13.05.2022 a show cause notice was issued for the violation as to how the petitioner secured the raw material when the same was not allocated to him by the Government. On receipt of the same, the petitioner also submitted his representation dated 16.05.2022.

However, it was not accepted and registered the case as against the petitioner. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that the petitioner was found in possession of 16,245 Kg of Urea Fertilizer without proper documents and he violates the provisions of the Fertilizer Control order and fertiliser Movement order and EC Act. Therefore, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the above 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 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 -I, Villupuram, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [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 report before the respondent police daily morning 10.30 a.m, and evening 6.30 p.m for a period of four weeks. Thereafter, as and when required for interrogation. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial.

[e] 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 17/06/2022 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 JUDICIAL MAGISTRATE, NO.I, VILLUPURAM.

2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, CSCID VILLUPURAM POLICE STATION, VILLUPURAM DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.M.DEVARAJ Advocate on payment of necessary charges SR.No.9417 CRL OP.14059/2022 Date :17/06/2022 CSK 23/06/2022