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Madras High CourtCRL OP/22064/2022dismissed

Govindaraj v. The State Rep By Its,

2022-09-14Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.OP.No.22064 of 2022 Crl.O.P.No.22064 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 6(4) of TNSC (RDCS) Order 1982 r/w Section 7 (i) (a) (ii) of E.C.Act 1955 in Crime No.116 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that when the respondent Police and their team were on regular patrol, it was found that the petitioner and other accused transported 16000 Kgs (50 X 320) of PDS Rice in a Eicher lorry, without any valid license. Hence, the Complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and no way connected with the alleged offence and only based on the confession statement given by the co-accused, the petitioner has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) submits that there are totally three accused in which the petitioner is arrayed as A3. The petitioner and other accused transported 16000 Kgs of PDS Rice in a Eicher lorry https://www.mhc.tn.gov.in/judis

Crl.OP.No.22064 of 2022 G.K.ILANTHIRAIYAN, J.

dk/kv illegally and the petitioner is having two previous cases against him. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration the facts and circumstance of the case and the petitioner was in illegal possession of huge quantity of PDS rice, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed with costs. The petitioner is directed to pay a sum of Rs.5,000/- (Rupees Five Thousand only) to the Tamil Nadu State Legal Services Authority, Chennai within a period of two weeks from the date of receipt of copy of this order. 14.09.2022 dk/kv Crl.O.P.No.22064 of 2022 https://www.mhc.tn.gov.in/judis