Madras High CourtCRL OP/14486/2022granted

E.Chandrasekar v. State Rep By

2022-06-23Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Third day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.14486 of 2022 E.CHANDRASEKAR [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CIVIL SUPPLIES CID, VELLORE.

(CRIME NO.114/2022) For Petitioner : M/S M.ARUNKUMAR 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 apprehend 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 (i)(a) of the Essential Commodities Act, 1955, in Crime No.114 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was found in illegal possession of 3,500 Kgs of ration rice. Hence the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent persons. He would further submit that he has been falsely implicated in this case and he is no way connected with the alleged offence. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal side) appearing for the respondent would submit that the petitioner was found in

possession of 3500 Kgs of PDS rice. He would also submit that the petitioner have one previous case against him. However, he vehemently opposed to grant anticipatory bail to the petitioners.

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 donate 30 bags containing 50kgs of raw rice and 5 bags containing 20kgs of Toor dhal to Sree Anbalayam, No.19, Shakthi Vinayagar Garden, Athamoattu Post, Coimbatore - 641010, Ph-9894080496 and on such donation, the petitioner ia ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate-IV, Vellore, and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioner shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, 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 donate 30 bags containing 50kgs of raw rice and 5 bags containing 20kgs of Toor dhal to Sree Anbalayam, No.19, Shakthi Vinayagar Garden, Athamoattu Post, Coimbatore - 641010, Ph - 9894080496.

[c] the petitioner shall report before the respondent police daily at 10.30 a.m., and 50.30 p.m, until further orders. [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/- 23/06/2022 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-IV, VELLORE.

2 THE CHIEF JUDICIAL MAGISTRATE VELLORE DISTRICT [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, CIVIL SUPPLIES CID, VELLORE.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 SREE ANBALAYAM NO.19, SHAKTHI VINAYAGAR GARDEN, ATHAMOATTU POST, COIMBATORE-641 010, PH-9894080496.

+1CC to M/S M.ARUNKUMAR Advocate on payment of necessary charges SR.No.9834 CRL OP.14486/2022 Date :23/06/2022 CSK 29/06/2022