Kasi @ Kasinathan v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Twenty Second day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.21932 of 2021 KASI @ KASINATHAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT / DEFACTO COMPLAINANT ] THE INSPECTOR OF POLICE, CIVIL SUPPLY CID, SALEM DISTRICT.
CRIME NO.150 OF 2021.
For Petitioner : M/S. V.JANARTHANAN Advocate For Respondent : MR.N.S.SUGANTHAN, Govt. Advocate (Crl. Side) 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 offence under Sections 6(4) of TNSC (RDCS) Order 1982, R/W 7(1) a (ii) of EC Act 1955 in Cr.No.150 of 2021 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner along with other accused persons were found in illegal possession of 1700 Kgs of PDS (Public Distribution System) rice and 600 Kgs of Wheat. Hence, the respondent police has registered a case against the petitioner and other accused person.
3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and based on the false confession given by the co-accused he has been falsely implicated in this case. However, on instructions, he further submitted that, the petitioner on his own volition, is ready and willing to contribute a sum of Rs.10,000/- to the credit of Advocate Clerk Association, Salem. Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate appearing for the respondent submitted that the petitioner along with other accused were found in possession of 1700 Kgs of PDS rice and 600 Kgs of Wheat. He further submitted that there is one previous case pending against the Petitioner. Hence, he opposed for grant of anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case and the submissions made by either side, investigation is almost completed, 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, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate-II, Salem, 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 and on further condition that:
(a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(b)the petitioner shall make a non-refundable deposit of Rs.10,000/- (Rupees Ten Thousand only) to the credit of the Advocate Clerk Association, Salem without prejudice to his defence before the trial Court and submit the proof of payment of the said amount before the aforesaid learned Judicial Magistrate, who after perusing the challan/ receipt/acknowledgement, shall accept the sureties furnished by the petitioner;
(c)the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required for interrogation;
(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]; and;
(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 22/11/2021 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.II, SALEM.
2 THE CHIEF JUDICIAL MAGISTRATE SALEM [FOR INFORMATION].
3 THE INSPECTOR OF POLICE, CIVIL SUPPLY CID, SALEM DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE ADVOCATE CLERK ASSOCIATION, SALEM.
+1 CC to M/S. V.JANARTHANAN Advocate on payment of necessary charges SR.NO.13177 CRL OP.21932/2021 Date :22/11/2021 JPA 24/11/2021