Alex v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.11.2021

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.21794 of 2021 Alex ... Petitioner

Versus

State Rep by Inspector of Police, CSCID, Cuddalore (Crime No.224 of 2021) ... Respondent Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure seeking to enlarge the petitioner on bail in the event of their arrest in Crime No.224 of 2021 pending investigation on the file of the respondent police. For Petitioner :

Mr.M.Mohamed Riyaz For Respondent :

Mr.N.S.Suganthan Government Advocate (Crl. Side)

ORDER

The petitioner, who apprehends arrest for the alleged offences under section 6(4) of the TN Scheduled Commodities (RDCS) Order 1982 r/w Sec.7(1) (a) (ii) of Essential Commodities Act, 1955, in Crime No.224 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution that the petitioner was involved in illegal transportation of 100kgs of PDS rice in a two wheeler bearing registration number TN 28V 0716. Hence, the Law Enforcing Agency registered a case against the petitioners.

3. The learned counsel for the petitioner submits that the petitioner had not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submits that without prejudice to his defence and contentions, the petitioner is ready to deposit any considerable amount, on his own volition, to any charitable institution. Therefore, he prays to grant bail to the petitioner.

4.The learned Government Advocate(Crl.Side) submits that petitioner illegal transportation of 100kgs of PDS rice in a two wheeler bearing registration number TN 28V 0716. He further submits that there is no previous case pending against the petitioner. However, he opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, No.1 of Cuddalore 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner shall donate 30kgs of Ponni rice in favour of "Karunai Illam, Plot No.1, Gandhi Avenue, Cuddalore Main Road, nearTNEB, B.Mutlur, Cuddalore" 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 daily 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 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].

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

-sd/- 19/11/2021 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, NO.I, CUDDALORE.

2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE DISTRICT. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, CSCID, CUDDALORE.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 KARUNAI ILLAM, PLOT NO.1, GANDHI AVENUE, CUDDALORE MAIN ROAD, NEAR TNEB, B.MUTLUR, CUDDALORE.

+1 CC to M/S. M.MOHAMED RIYAZ Advocate on payment of necessary charges SR.NO.13216 CRL OP.21794/2021 Date :19/11/2021 RW 24/11/2021