A.Reegan @ Nolasco Reegan v. The Deputy Superintendent Of Policee

Crl.OP(MD)No.3486 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Dated: 21/02/2022 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN Crl.OP(MD)No.3486 2022 A.Reegan @ Nolasco Reegan ... Petitioner/Accused No.8 Vs.

The State rep. By The Deputy Superintendent of Police, CSCID Wing Thoothukudi at Madurai.

(Crime No.151 of 2021) ... Respondent/Complainant For Petitioner : Mr.R.Anand, Advocate. For Respondent : Mr.SS.Madhavan Government Advocate (Criminal side) PETITION FOR ANTICIPATORY BAIL under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.151 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order:- The petitioner, who is arrayed as A8 apprehending arrest at the hands of the respondent police for the offences punishable under sections 2(e)(v), 2(e)(vi), 2(e)(vii) of Motor Spirit & High Speed Diesel (Regulation of Supply and Distribution and Prevention of Malpractice) Order, 1998 and section 7(1)(a)(ii) of Essential Commodities Act, 1955, in Crime No.151 of 2021 on the file of the respondent police, seeks anticipatory bail .

2.The case of the prosecution is that on 22/11/2021, the accused persons stored 30,000 litres of adultery oil (oil like diesel) and transferred the same from one lorry to two other vehicles, which oil causes danger to the engine of the vehicles. 3.Heard both sides.

4.The earlier anticipatory bail applications, which were filed by the petitioner along with co-accused came to be dismissed by this court, taking into account that they are having bad antecedents, since they indulged in similar activities on the previous occasion also. But however, the learned counsel appearing for the petitioner would submit that the co-accused either released on bail or anticipatory bail by the trial court and he has also produced the copy of the order in the typed set of papers. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.OP(MD)No.3486 2022 5.The learned Government Advocate (Criminal side) would submit that even though the petitioner is not having similar cases, but he is continuously indulged in such type of illegal activities. 6.But however, considering the fact that the co-accused has been granted either bail or anticipatory bill as the case may be and no purpose is going to be served subjecting the petitioner to custodial interrogation and no such request has not been made by the respondent police that custodial interrogation of the petitioner is very much required in this case and in view of the subsequent development, this court is inclined to enlarge the petitioner on anticipatory bail to the petitioner with certain conditions.

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.IV, Thoothukudi and on his 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 of the learned Judicial Magistrate concerned and on further condition that the petitioner shall appear before the respondent police once in 15 days at 10.00 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 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 will stand dismissed.

sd/- 21/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE NO.IV, THOOTHUKUDI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI DISTRICT.

3 THE DEPUTY SUPERINTENDENT OF POLICEE, CSCID WING, THOOTHUKUDI AT MADURAI 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.3486 of 2022 Date :21/02/2022 ER MK/VR/SAR.IV/24.02.2022/3P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2