Selvaraj v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/02/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Selvaraj ... Petitioner/Accused No.4 Vs State rep.by The Inspector of Police, CSCID Unit, Ramanathapuram Police Station, Ramanathapuram District.
in Crime No.170/2021 ... Respondent/Complainant For Petitioner : M/s.Susi Kumar C, Advocate.
For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.170 of 2021 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioner/A.4, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 6(2), 6 (3), 6(4) of the Tamil Nadu Scheduled Commodities RDCS Order 1982 r/w Section 7(i)(a)(ii) of Essential Commodities Act 1955, in Cr.No.170 of 2021, seeks anticipatory bail.
2.The case of the prosecution is that with the help of the petitioner, the other accused illegally transported PDC rice from the ration shop, in which the petitioner is working as a salesman and the prosecution has seized 113 bags of PDS rice, which contained 50kg each. Hence, the present complaint.
3.The learned Counsel for the petitioner would submit that the petitioner is innocent and a false case has been foisted against him. Hence, he seeks anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.Side) appearing for the State would submit that totally there are four accused and the 1/3
petitioner is the fourth accused and with the help of the petitioner, who is working as a sales man in the ration shop, the other accused illegally transported the PDS rice and the investigation is going on. He would further submit that the accused 1 and 2 were already arrested and released on bail and the PDS rice has also been recovered.
5. Considering the nature of charges levelled against the petitioner and also the fact thats the accused 1 and 2 were already arrested and released on bail, that the property has already been recovered and also the fact that the petitioner is not having having any previous cases for similar offences or for any other serious offences, 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 his arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Ramanathapuram, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (a)the petitioner shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the credit of Government of Tamil Nadu, Chief Minister Public Relief Fund (CMPRF) in IOB, Secretariat Branch, Chennai-9 (Account No.
11720 10000 00070, IFSC Code: IOBA0001172), without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the concerned Court while executing sureties.
(c)the petitioner shall report before the respondent police daily at 10.30a.m., for period of one month 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 2/3
against the petitioners 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]; and;
(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 17/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO
1. THE JUDICIAL MAGISTRATE NO.II, RAMANATHAPURAM.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.
3. THE INSPECTOR OF POLICE, CSCID UNIT, RAMANATHAPURAM POLICE STATION, RAMANATHAPURAM DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE OFFICER INCHARGE, THE CHIEF MINISTER PUBLIC RELIEF FUND, GOVERNMENT OF TAMIL NADU, SECRETARIAT, CHENNAI-9.
ORDER IN CRL OP(MD) No.173 of 2022 Date :17/02/2022 SSL MS/JM/SAR-2/23.02.2022/3P.6C 3/3