Muniyasamy v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Second day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI MUNIYASAMY ... PETITIONER/ACCUSED (RANK NOT KNOWN) Vs THE INSPECTOR OF POLICE CIVIL SUPPLIES CID, VIRUDHUNAGAR.
(CRIME NO.4 OF 2024) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.LENIN KUMAR.T Advocate For Respondent : Mr.S.MANIKANDAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 439 Cr.P.C. PRAYER:- FOR ANTICIPATORY BAIL IN CRIME NO. 4 OF 2024 ON THE FILE OF THE RESPONDENT POLICE.
ORDER : The Court Made the following order :- The petitioner / Accused, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Clause 6(4) of TNSC (RDCS) Order 1982 r/w. 7(1)(a)(ii) of Essential Commodities Act, 1955, in Crime No.4 1/5
of 2024, on the file of the respondent Police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner has illegally transported 20 bags of PDS rice (each contains 50 kgs). Hence, the complaint.
3. The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution. However, on instructions, he would further submit that the petitioner, without prejudice to his rights, is ready to construct a toilet for the benefit of the Girl students studying in the E.V.R.Nagammaiyar Girls Higher Secondary School, South Veli Street, Madurai.
4. The learned Government Advocate (Crl. side) appearing for the respondent Police would submit that the petitioner has three previous cases and the investigation is pending.
5. Considering the facts and circumstances of the case and also considering the fact that the petitioner is undertaking to construct a toilet to the E.V.R.Nagammaiyar Girls Higher Secondary School, South Veli Street, Madurai, I am inclined to grant anticipatory bail to the petitioner.
6. Accordingly, the petitioner is granted anticipatory bail and he 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 No.I, Virudhunagar, on condition that the petitioner shall execute a bond 2/5
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 is directed to construct a toilet to the E.V.R.Nagammaiyar Girls Higher Secondary School, South Veli Street, Madurai, and an appropriate proof shall be sent to the concerned learned Judicial Magistrate by the Headmistress of the said School and thereafter, the learned Magistrate shall accept the sureties; (b).if the petitioner failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;
(c).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;
(d)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; (e)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(f)the petitioner shall not abscond either during investigation or trial; 3/5
(g)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action 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; (h)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 22/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
SJI TO 1 THE JUDICIAL MAGISTRATE NO.I, VIRUDHUNAGAR.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE INSPECTOR OF POLICE CIVIL SUPPLIES CID, VIRUDHUNAGAR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4/5
COPY TO:
THE HEADMISTRESS, E.V.R.NAGAMMAIYAR GIRLS HIGHER SECONDARY SCHOOL, SOUTH VELI STREET, MADURAI.
+1 CC to M/s.T.LENINKUMAR, Advocate ( SR-956[I] dated 23/01/2024 )
ORDER
IN Date :22/01/2024 SA/JGB/SAR. /30.01.2024/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5