Nagarajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.13110 of 2015 NAGARAJAN ... PETITIONER / ACCUSED NO.2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE CIVIL SUPPLIES CRIME INVESTIGATION DEPARTMENT, UTHAMAPALAYAM, THENI DISTRICT, CRIME NO.143/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.A.UTHAYAKUMAR 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 No.2, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 6(2)(3)(4) of TNSC (RDCS) Order 1982 and 17 of TNK (RK) Order 1973 read with 7(1)(a)(ii) of EC Act, 1955 in Crime No.143 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. According to the defacto complainant, the accused were found in possession of 4 bags of PDS rice, 4 bags of sugar and 25 litters of kerosene, which was meant for public distribution system.

3. The learned counsel for the petitioner submitted that the contraband were recovered from the first accused and the petitioner has been implicated only on confession of the co-accused. The learned counsel further submitted that the petitioner is an innocent and he has been falsely implicated in this case.

4. The learned Government Advocate (Criminal Side) appearing for the respondent submitted that the first accused was arrested and released on bail and the petitioner has no bad antecedents.

5. Considering the facts and circumstances of the case, 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 arrest or on his appearance before the learned Judicial Magistrate, Uthamapalayam, Theni District and on 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 twice at 10.00 a.m and 05.00 p.m., until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.

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7. 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/- 15/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE UTHAMAPALAYAM 2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE THENI DISTRICT 3 THE INSPECTOR OF POLICE CIVIL SUPPLIES CRIME INVESTIGATION DEPARTMENT, UTHAMAPALAYAM, THENI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1cc to Mr.A.Uthayakumar, Advocate SR.No.39023 Sm:AMF:SAR I:21.07.2015:1P/6C

ORDER

IN CRL OP(MD) No.13110 of 2015 Date :15/07/2015 https://hcservices.ecourts.gov.in/hcservices/