M.Jeyakumar, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Tenth day of January Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.459 of 2019 M.JEYAKUMAR ... PETITIONER / ACCUSED No. 3 Vs THE INSPECTOR OF POLICE, CIVIL SUPPLIES CSCID, MADURAI (REF.CR.NO.3/2019) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.M.MURALI Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/third accused, apprehending arrest at the hands of the respondent police for the offence punishable under Section 6

(4) of TNSC (RDCS) Order, 1982 r/w 7(1) (a) (ii) of EC Act, 1955 in Crime No.3 of 2019, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner along with first accused was found in possession of 100 kgs of rice meant for Public Distribution System.

3.The learned counsel for the petitioner submits that the petitioner is innocent and he had nothing to do with the alleged crime. Hence, anticipatory bail may be granted to him. 4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner has no previous case and investigation is in progress.

5.Considering the above 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, No.III, Madurai and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that [a] if the petitioner failed to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled.

[b] the petitioner shall deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) to the credit of Rojavanam, Home for Aged and Poor, Account No.6481560540, Indian Bank, Madurai Bench of Madras High Court, Madurai.

[c] The petitioner report before the respondent Police daily at 10.00 a.m for a period of one week and thereafter as and when required for interrogation.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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]. [g] If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 10/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO III MADURAI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT 3 THE INSPECTOR OF POLICE, CIVIL SUPPLIES CSCID, MADURAI

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI COPY TO:- THE OFFICER IN-CHARGE, ROJAVANAM, HOMELESS & AGED CARE CENTRE, MELUR ROAD, UTHANGUDI, MADURAI +1. CC to MR.M.MURALI Advocate SR.No.741

ORDER

IN CRL OP(MD) No.459 of 2019 Date :10/01/2019 MSI/PN/SAR-II/22.01.2019-3P/7C