A.Madhu v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twelfth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice TV. THAMILSELVI CRIMINAL ORIGINAL PETITION No.21326 of 2021 A.MADHU [ PETITIONER / ACCUSED ] Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CS CID, DHARMAPURI POLICE STATION, DHARMAPURI DISTRICT.

(CRIME NO.111 OF 2021) For Petitioner : M/S.R.AMBUROSH Advocate For Respondent : MR.N.S.SUGANTHAN, Govt. Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offences punishable under clause 6(4) of TNSC (RDCS) Order 1982 r/w Section 7 (1)(a)(ii) of EC Act, 1955 in Crime No.111 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was found an illegal possession of 60 nylon sacks of ration rice each weighing 50 Kgs amounting to 3 tons in front of the petitioner house. Hence, the complaint.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he is no way connected to the said offence. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent submitted that the petitioner was found in illegal possession of 60 nylon sacks of ration rice each weighing 50 Kgs amounting to 3 tons in front of his house. The petitioner has no previous case.

5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Criminal Side), this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance before the learned Judicial Magistrate Harur, Dharmapuri District, on condition that the petitioner 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of the Registered Advocate Clerk Association, Dharmapuri District, within a period of two weeks from the date of receipt of a copy of this order and shall produce the said receipt before the Court below. [b] 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.

[c] the petitioner is directed to report before the respondent police on Monday and Friday at 10.30 a.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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 12/11/2021 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, HARUR. DHARMAPURI DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE DHARMAPURI [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, CS CID, DHARMAPURI POLICE STATION, DHARMAPURI DISTRICT.

4 THE REGISTERED ADVOCATE CLERK ASSOCIATION, DHARMAPURI DISTRICT.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.R.AMBUROSH Advocate on payment of necessary charges SR.NO.12723 CRL OP.21326/2021 Date :12/11/2021 CSK 16/11/2021