Ramesh v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Ninth day of April Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.6269 of 2019 RAMESH ... PETITIONER /2nd ACCUSED Vs STATE REP. BY THE INSPECTOR OF POLICE, CIVIL SUPPLIES C.I.D., (CRIME NO.56 OF 2019) ... RESPONDENT / COMPLAINANT For Petitioner : MR.D.VENKATESH Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who are apprehending arrest at the hands of the respondent police for the alleged offence under Sections 6(4) TN scheduled Commodities (RDCS) order, 1982 and 7(1)(a)(ii) Essential Commodities Act, 1955 in crime No. 56 of 2019, on the file of the respondent police, seeks anticipatory bail.
2.It is the case of the prosecution that the petitioner is found in possession of 10 bags of PDS Rice, due to which a case has been registered.
3.The learned counsel appearing for the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution and he is innocent person. He would further submit that the petitioner is ready to deposit Rs.5000/- to the CSR fund of the concerned District.
4.The learned Government Advocate(Crl.side) appearing for the respondent police would submit that since the petitioner has come forward to deposit some amount, this Court may pass appropriate orders.
5. Considering the facts and circumstances of the case and also considering the fact that the petitioner is willing to deposit Rs.5000/- to the CSR fund of the concerned District, this Court is inclined to grant anticipatory bail to the petitioner to deposit Rs.5000/- to the CSR fund of the concerned District and thereafter sureties shall be accepted.
6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Tirunelveli on condition that the petitioner shall execute 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 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 shall deposit a sum of Rs.5000/- (Rupees Five Thousand only) to the CSR Fund, The Collector, Tirunelveli- Bank Account No.613501098669 (ICICI Bank), MICR No. 62722 9002, IFSC No.ICI0006135 and thereafter sureties shall be accepted. (b)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(c)the petitioner shall report before the respondent police daily at 10.30 a.m until furthers (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]; and; (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 29/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.II, 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE,
3 THE INSPECTOR OF POLICE, CIVIL SUPPLIES C.I.D., 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE COLLECTOR,
ORDER
IN CRL OP(MD) No.6269 of 2019 Date :29/04/2019 JM/VR/SAR 1/08.05.2019/3P/6C