Madras High CourtCRL OP(MD)/17500/2015disposed of

Jeyaram v. The Inspector Of Police

2015-09-11Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eleventh day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.17500 of 2015 JEYARAM ... PETITIONER / ACCUSED (RANK NOT KNOWN) Vs THE STATE REP.BY THE INSPECTOR OF POLICE CIVIL SUPPLIES C.I.D., UTHAMAPALAYAM, THENI DISTRICT.

(CRIME NO. 168 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S T.LENIN KUMAR Advocate For Respondent : MRS.S.PRABHA 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 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.168 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that when the District Supply Officer conducted a surprise raid at a Tea Stall belongs to A1, he seized black Dal, Toor Dal, 13 lts. of Palm oil and 170 lts. of Kerosene worth about Rs.13,942/- from the first accused and the same was sold by the second accused.

3. The learned counsel for the petitioner submitted that the petitioner is implicated based on the confession of the first accused and the first accused was arrested and released on bail. It is further submitted that without prejudice to his right, he is ready to pay Rs.12,000/-.

4. The learned Government Advocate (Crl.side) submitted that the coaccused 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. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate, Uthamapalayam and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a https://hcservices.ecourts.gov.in/hcservices/

like sum to the satisfaction of the learned Magistrate concerned and without prejudice to the right of the petitioner, he is directed to pay Rs.12,000/- (Rupees Twelve Thousand only) to No.II, Fair Price Shop, Bodi within a period of two weeks and the petitioner shall appear before the respondent police daily at 10.00 a.m. until further orders. 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/- 11/09/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE UTHAMAPALAYAM 2 THE CHIEF JUDICIAL MAGISTRATE THENI DISTRICT 3 THE INSPECTOR OF POLICE CIVIL SUPPLIES C.I.D., UTHAMAPALAYAM, THENI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI +1. CC to M/S T.LENIN KUMAR Advocate SR.No.53706

ORDER

IN CRL OP(MD) No.17500 of 2015 Date :11/09/2015 AM/16.09.2015/GSV.SAR-II/2P/6C https://hcservices.ecourts.gov.in/hcservices/