Vijayakumar v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Twenty Seventh day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.14790 of 2022 1 VIJAYAKUMAR [ PETITIONERS / ACCUSED ] 2 PARAMASIVAM Vs THE STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, CBCID, THIRUVALLUR. CR.NO.175 OF 2022.
For Petitioner : M/S.P.UDHAYAKUMAR Advocate For Respondent : MR. 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 petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Section 2(e)(vii) of Motor Spirit and High Speed Diesel (Regulation of Supply and Distribution and Prevention of Malpractices) Order 1998 r/w 7(1)a(ii) of Essential Commodities Act 1955 in Crime No.175 of 2022, seek anticipatory bail.
2. The case of the prosecution is that on 20.06.2022, the respondent police received a secret information that petroleum products namely Petrol and Diesel are sold in the black market for lesser price at a shop near IOC, Minjur Road. Upon enquiry, they seized 110 litres of Petrol from the said shop. The shopkeeper Munusamy/A1 confessed that he is selling the petrol to heavy vehicle drivers at a lower rate and the same was given to him for selling by the petitioners herein and others. Hence, the case.
3. The learned counsel appearing for the petitioners would submit that the petitioner are innocent persons and they have been falsely implicated in this case based on the confession statement given by A1. On instructions, he would further submit that the each of the petitioners are ready to deposit an amount of Rs.10,000/- to the Chief Justice Relief Fund, High Court, Madras as non-refundable deposit and prays for grant of anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor would submit that the petitioners herein were selling petrol in black market. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Taking note of the facts and circumstances and also taking note of the fact that each of the petitioners has come forward to deposit an amount of Rs.10,000/- to the Chief Justice Relief Fund, High Court, Madras as non-refundable deposit, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6.
Accordingly, each of the petitioners is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the Chief Justice Relief Fund, High Court, Madras as non-refundable deposit, within a period of four weeks from the date on which the order copy made ready, and on such deposit the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned JM-I Judicial Magistrate, Ponneri, on condition that each of the petitioners shall execute a separate 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 petitioners 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] each of the petitioners shall deposit deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the Chief Justice Relief Fund, High Court, Madras as non-refundable deposit, within a period of four weeks from the date on which the order copy made ready and the receipt of such deposit shall be produced before the concerned learned Magistrate at the time of execution of bond. [c] the petitioners shall appear 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 petitioners shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioners 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 petitioners in accordance with law as if the conditions have been
imposed and the petitioners 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]. [g] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
-sd/- 27/06/2022 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, PONNERI 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, CBCID THIRUVALLUR 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE SECTION OFFICER, ACCOUNTS SECTION, CHIEF JUSTICE RELIEF FUND, HIGH COURT, MADRAS.
+2 CC to M/S.P.UDHAYAKUMAR Advocate on payment of necessary charges SR.NO.10087 CRL OP.14790/2022 Date :27/06/2022 RVR 04/07/2022