Syed Abudhahir v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Sixth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.18621 of 2021 1 SYED ABUDHAHIR [ PETITIONERS / ACCUSED ] 2 SYED MUSTHAFA Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, VILLUPURAM POLICE STATION, CSCID- CHENNAI DISTRICT (CRIME NO.94/2021) For Petitioner : M/S SYED NIZAMUDDIN AHMED HUSSAINI, Advocate For Respondent : MR. C.E.PRATAP, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 6

(4) of TN Scheduled Commodities (RDCS) Order 1982 and Section 7(1)(a)(ii) of Essential Commodities Act, 1955 in Crime No.94 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that when the respondent police was on regular checkup, they found that the petitioners were in possession of 24 tons of PDS rice worth about Rs.1,35,600/-. Hence, the case was registered against the petitioners on the complaint made by the defacto complainant.

3.The learned counsel appearing for the petitioners submits that the petitioners are driver and cleaner and they have not committed any offence as alleged by the prosecution and they have been falsely

implicated in this case. However, on instructions he further submits that without prejudice to his defence and contentions, the petitioners on his own volition is willing to contribute a sum of Rs.25,000/-for the purpose of improving and maintaining the Government Schools. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) opposed the grant of anticipatory bail by stating that the petitioners was illegally transporting 24 tons of PDS rice worth about Rs.1,35,600/-. Hence, he vehemently opposed for grant of anticipatory bail to the petitioners.

5. Taking into consideration the submissions advanced on behalf of the petitioners and also the fact that the petitioners has willfully and on his own volition agreed to pay contribute a sum of Rs.25,000/- for charitable purpose, the petitioners 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 of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Villupuram on condition that the petitioners 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 and on further condition that: (a) the petitioners shall make a non-refundable deposit of Rs.

25,000/- to the credit of " The Chief Educational Officer, Villupuram District, for the rehabilitation and improvement of the basic needs of the Government Schools in the said District under necessary acknowledgment without prejudice to his defence before the trial court and submit proof of payment of the said amount before the aforesaid learned Judicial Magistrate, who after perusing the receipt/acknowledgment shall accept the sureties furnished by the petitioners.

(b) the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(c) the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required.

(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]; and; (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

6. The Chief Educational Officer shall submit the necessary proof with regard to the expenditure incurred and works that were done for the improvement/rehabilitation of the schools in the District before the Director of School Education as and when such works are completed by utilising the money as ordered by this Court. -sd/- 06/10/2021 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, VILUPPURAM.

2 THE CHIEF JUDICIAL MAGISTRATE VILUPPURAM DISTRICT. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, VILLUPURAM POLICE STATION, CSCID- CHENNAI DISTRICT.

5 THE CHIEF EDUCATIONAL OFFICER, VILLUPURAM DISTRICT.

+2 CC to M/S SYED NIZAMUDDIN AHMED HUSSAINI Advocate on payment of necessary charges SR.NO.11076 CRL OP.18621/2021 Date :06/10/2021 RW 26/10/2021