Malaisamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Third day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.17124 of 2015 MALAISAMY ... PETITIONER / ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY THE INSPECTOR OF POLICE CSCID, UTHAMAPALAYAM, THENI DISTRICT.

(CRIME NO. 173/2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S M.S.JEYAKARTHIK Advocate For Respondent : M/S.S.Prabha Government 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, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 6(4) at TNSC (RDLS) at Order 1982 r/w 7(1) a (ii) of EC Act 1955, in Crime No.173 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner was found in possession of 100 kgs of PDS rice.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this case. 4.The learned Government Advocate (Crl.side) would submit that the petitioner is having one previous case.

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, Uthamapalaam 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 daily twice ie., at 10.00 a.m., and 05.00 p.m., until further orders. The petitioner shall comply with the condition 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/- 03/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE,UTHAMAPALAYAM 2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE, CSCID, UTHAMAPALAYAM, THENI DISTRICT. +1. CC to M/S M.S.JEYAKARTHIK Advocate SR.No.51778. TS/08.09.2015/2P - 6C AAL-MPA/SAR -I

ORDER

IN CRL OP(MD) No.17124 of 2015 Date :03/09/2015 https://hcservices.ecourts.gov.in/hcservices/