Madras High CourtCRL OP/19443/2021dismissed

Vijayakumar v. Inspector Of Police

2021-10-12Honourable Mr Justice Sathi Kumar Sukumara Kurup2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twelfth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice SATHI KUMAR SUKUMARA KURUP CRIMINAL ORIGINAL PETITION No.19443 of 2021 VIJAYAKUMAR [ PETITIONER / ACCUSED ] Vs STATE REP BY.

[ RESPONDENT ] THE INSPECTOR OF POLICE CSCID POLICE STATION, KRISHNAGIRI DISTRICT (CRIME NO.140 OF 2021) For Petitioner : M/S M.JAYACHANDRAN Advocate For Respondent : MR. L.BASKARAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Section 6 (4) of TNSC (RDCS) Order 1982 r/w 7(i) a (ii) of E.C Act 1955, in Crime No.140 of 2021, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner and A2 had illegally transported 12000 kgs of PDS rice without any valid permit. Hence the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is the driver of the vehicle and he has been falsely implicated in this case. He would further submit that A2, who is the owner of the vehicle was granted anticipatory bail by this Court in Crl.O.P No.18533 of 2021 on 05.10.2021. Hence, he prays for grant of anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate (Crl. Side) strongly opposed to grant anticipatory bail to the petitioner stating that there is a proposal pending with the concerned authorities to detain the petitioner under the Goondas Act.

5.Considering the facts and circumstances of the case and also the submissions made by the learned Government Advocate, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. -sd/- 12/10/2021 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 INSPECTOR OF POLICE CSCID POLICE STATION, KRISHNAGIRI DISTRICT 2 THE OFFICER INCHARGE, SUB-JAIL, KRISHNAGIRI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S M.JAYACHANDRAN Advocate on payment of necessary charges CRL OP.19443/2021 Date :12/10/2021 JPA 18/10/2021 https://hcservices.ecourts.gov.in/hcservices/