Prabhakaran v. The Insepector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixteenth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.20092 of 2015 1 PRABHAKARAN 2 MURUGAN @ KOTTU MURUGAN 3 PANDI ... PETITIONERS / ACCUSED 1 to 3 Vs THE STATE REP.BY THE INSPECTOR OF POLICE C.S.C.I.D. WING,.

UTHAMAPALAYAM , THENI DISTRICT.

CR. NO.188/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S P.MAHENDRAN 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 petitioners, who are arrayed as A1 to A3 apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 6(4) of TSC(RDCS) Order.1982 r/w 7(i)(a)(ii) E.C Act in Crime No.188 of 2015 and hence, seek anticipatory bail. 2.The case of the prosecution is that when the Inspector of Police, C.S.C.I.D wing, Uthamapalayam conducted vehicle check up on 26.09.2015, the accused were found transporting 600 Kgs of rice meant for Public Distribution System in a Jeeb bearing registration No.KL.05 E 7489 and on seeing the police party, they escaped from the scene leaving the vehicle.

3.The learned counsel for the Petitioners submitted that the first petitioner is the son of the second petitioner and third petitioner is the friend of the first Petitioner and they have been falsely implicated in this case only on suspicion. It is further submitted that the Petitioners are innocent and they have not committed any offence. 4.The learned Government Advocate(Crl.Side)submitted that the first petitioner has one previous case of similar nature and the second petitioner was detained under Act 14 of 1982 and third petitioner is not having any bad antecedent.

https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case stated above, I am inclined to enlarge the petitioners on anticipatory bail. Accordingly, the petitioners 1 and 3 are ordered to be released on bail

in the event of arrest or on their appearance before the learned Judicial Magistrate,Uthamapalayam 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 to the learned Magistrate concerned and on further condition that the petitioners 1 and 3 shall appear before the respondent police daily at 10.00 A.m until further orders. The petitioners 1 and 3 shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. Since the second petitioner was detained under Act 14 of 1982, the petition for anticipatory bail as against him stands dismissed.

6. The petitioners 1 and 3 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/- 16/10/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE UTHAMAPALAYAM 2 DO THRO THE CHEIF JUDICIAL MAGISTRATE THENI DISTRICT 3 THE INSEPECTOR OF POLICE C.S.C. I.D. WING,.

UTHAMAPALAYAM , THENI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI +1. CC to M/S P.MAHENDRAN Advocate SR.No.61949.

ORDER

IN CRL OP(MD) No.20092 of 2015 Date :16/10/2015 AM/27.10.2015/SK.SKN/SAR-II/2P/6C https://hcservices.ecourts.gov.in/hcservices/