M.Periyasamy v. The State Rep By

G.K.ILANTHIRAIYAN, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 6(4) of TN Scheduled Commodities (RCDS) Order, 1982 and 7(1)(a) (ii) of Essential Commodities Act, 1955 in Crime No.154 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that when the respondent police was patrolling in order to control PDS rice trafficking, they found that the petitioners were found in illegal possession of 16000 kgs of PDS rice worth about Rs.5,90,400/-. Hence, the respondent police registered the case against the petitioners.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any such offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioners.

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4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that this is the second anticipatory bail petition. Earlier, this Court dismissed the anticipatory bail petition filed by the petitioners in Crl.O.P.No.20789 of 2022 on 30.08.2022. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Considering the huge quantity of essential commodities seized and taking note of the fact that this Court had dismissed the earlier petition filed by the petitioners and there is no change of circumstances. Hence, this Court is not inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition is dismissed. 20.09.2022 Lpp 2/3

G.K.ILANTHIRAIYAN, J.

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