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Madras High CourtCRL OP(MD)/10944/2015allowed

A. Karuppaiah, M/58 Yrs v. The Inspector Of Police

2015-06-17Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventeenth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.10944 of 2015 A. KARUPPAIAH, ... PETITIONER/ACCUSED RANK NOT KNOWN Vs STATE REP BY THE INSPECTOR OF POLICE C.S.C.I.D, TRICHY, (CRIEM NO.227 OF 2015). ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.MAHENDRAPATHY Advocate For Respondent : MR.K.V.RAJARAJAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused in Crime No.227 of 2015 on the file of the respondent police apprehends arrest at the hands of the respondent police for the alleged offences punishable under clause 6(4) of TNSC (RDCS) Order 1982 r/w. 7(a)(a)(ii) of Essential Commodities Act, 1955and hence, seeks anticipatory bail. 2.The case of the prosecution is that on 11.06.2015 the accused were transporting 100 bags of PDS rice each containing 50 kgs in a van bearing registration No.TCK 5434.

3.The learned counsel for the petitioner submitted that the petitioner was appointed as a hulling agent by the Regional Manager, Tamil Nadu Civil Supplies Corporation Limited, Trichy region by order dated 11.05.2015 and that for the past 10 years. It is further stated that the contraband was seized from the accused Nos.1 to 4 and on the basis of their confession, the petitioner is implicated in this case and even as per their confession the accused Nos.1 to 4 were transporting the rice to the Mill of the petitioner. 4.It is submitted by the learned Government Advocate (Crl.Side) that the petitioner has no bad antecedents and he was included on the confession of the first accused.

5.Considering the facts and circumstances of the case and also considering the fact that the injured person had already been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial https://hcservices.ecourts.gov.in/hcservices/

Magistrate No.VI, Trichy and on each of them executing 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 learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m. until further orders for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

6. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 17/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, NO.VI, TRICHY 2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE TRICHY DISTRICT 3 THE INSPECTOR OF POLICE C.S.C.I.D, TRICHY, 4 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.MAHENDRAPATHY Advocate SR.No.31562

ORDER

IN CRL OP(MD) No.10944 of 2015 Date :17/06/2015 NA/KBM/18/06/2015/P2/6C https://hcservices.ecourts.gov.in/hcservices/