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Madras High CourtCRL OP/15355/2024dismissed

Prem Kumar v. The State Rep By Inspector Of Police,

2024-07-08Honourable Mrs Justice T.V.Thamilselvi4 pages

Crl.O.P.No.15355 of 2024 T.V.THAMILSELVI,J.

The petitioners/Accused No.3, 5 & 6, who apprehend arrest at the hands of the respondent police for an alleged offence punishable under Sections 6(4) of TNSC (RDCS) order 1982 read with 7(1) a(ii) of the Essential Commodities Act, 1955 in Crime No.115 of 2024, seek anticipatory bail.

2. The case of the prosecution is that when the respondent police and his team were on their routine patrol duty relating to Essential Commodities Smuggling and hoarding, they found that the petitioners along with other were indulged in illegal transportation of 20,500 kilograms (410 bags each having 50 kgs) of Public Distribution System rice in their vehicle. Hence, the respondent police has registered the case against the accused and seized the properties.

3. Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this

case. He further submitted that they are ready to abide by any conditions that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioners.

4. Learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioners along with other accused had illegally transported 20,500 kilograms of PDS rice in their ASHOK LEYLAND TARRUS LORRY, bearing registration No.TN-48-Y-0811. He further submitted that the petitioners are partners of A1, and A1 was granted bail by the learned Judicial Magistrate-IV, Vellore and he failed to comply with the conditions. He also stated that the petitioners are habitual offender, having one previous case pending against the petitioners, therefore, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and the submissions made by the learned Government Advocate (Crl.Side) and taking note of the gravity and nature of the offence, this Court finds that this case needs a detailed investigation, thereby, this Court is not inclined to grant

anticipatory bail to the petitioners.

6. Accordingly, the Criminal Original Petition stands dismissed. 08.07.2024 mac

T.V.THAMILSELVI, J.

mac Crl.O.P.No.15355 of 2024 08.07.2024