Vijayakumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Third day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) Nos.18839, 19023 and 19253 of 2015 VIJAYAKUMAR ... PETITIONER/ ACCUSED NO.6 IN CRL.O.P(MD)NO.18839/2015 BALAJI ... PETITIONER/ ACCUSED RANK NOT KNOWN IN CRL.O.P(MD)NO.19023/2015 1 MANICKAVEL 2 SARAVANAN ... PETITIONERS/ ACCUSED RANK NOT KNOWN IN CRL.O.P(MD)NO.19253/2015 Vs THE INSPECTOR OF POLICE CSCID POLICE STATION, KULITHURAI ALAGU, KANYAKUMARI DISTRICT.
(CRIME NO. 145 OF 2015) ... RESPONDENT/ COMPLAINANT IN ALL THE PETITIONS For Petitioner : M/S B.ANANDAN Advocate in Crl.O.P(MD)No.18859 & 19253/2015 For Petitioner : M/S D.RAMESHKUMAR Advocate in Crl.O.P(MD)No.19023 of 2015/2015 For Respondent : Mr.K.ANBARASAN, Govt. Advocate ( Crl. Side) IN ALL THE PETITIONS PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 6(4) of TNSC (RDCS) Order 1982 r/w. Section 7(1)(a)(ii) of Essential Commodities Act, 1955 in Crime No.145 of 2015 on the file of the respondent police and hence, seek anticipatory bail.
2. The case of the prosecution is that on 22.09.2015, the accused transported 130 bags of PDs. rice (which contain 6500 kgs.) without any valid permission.
3. The learned counsel for the petitioners submitted that the petitioners are the salesmen in the fair price shop and they are no way connected with the occurrence. It is further submitted that only based on the confession of A1, they have been implicated in this case and the cohttps://hcservices.ecourts.gov.in/hcservices/
accused was already granted anticipatory bail by this Court in Crl.O.P. (MD).No.20340 of 2015 dated 02.11.2015.
4. The learned Government Advocate (Crl.side) submitted that the petitioners have no bad antecedent.
5. Considering the facts and circumstances of the case and also considering the fact that the co-accused was already granted anticipatory bail, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate No.III, Nagercoil and on their 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 the petitioners shall appear before the respondent police daily at 10.00 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
6. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 03/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.III, NAGERCOIL. 2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT. 3 THE INSPECTOR OF POLICE CSCID POLICE STATION, KULITHURAI ALAGU, KANYAKUMARI DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S B.ANANDAN Advocate SR.No.64619 +1cc to Mr.B.ANANDAN, Advocate SR.No.64618 +1cc to Mr.D.RAMESHKUMAR, Advocate SR.No.64600
ORDER
IN CRL OP(MD) No.18839, 19023 and 19253 of 2015 Date :03/11/2015 NS/AMF/SAR I/05.11.2015 : 2P/8C https://hcservices.ecourts.gov.in/hcservices/