Sheik Saleem v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.20431 of 2015 SHEIK SALEEM ..PETITIONER/SOLE ACCUSED Vs.

STATE REP.BY THE INSPECTOR OF POLICE CIVIL SUPPLIES C.I.D., UTHAMAPALAYAM, THENI DISTRICT.

(CRIME NO. 157 OF 2015) ..RESPONDENT/COMPLAINANT For Petitioner : M/S T.ANBU Advocate For Respondent : Mr.K.ANBARASAN, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is the sole accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 17 of TNK (RT) Order-1973 and 3(1) of TNK (Restriction on use and fixation of sealing prices Order 1993) r/w 7(1) (a) (ii) Essential Commodities Act, 1955, in Crime No.157 of 2015 on the file of the respondent police and hence, seeks anticipatory bail. 2.The case of the prosecution is that on 29.07.2015, the respondent police seized 7 cans (each contains 35 liters) totally 210 liters kerosene from the petitioner's house.

3.It is submitted by the learned counsel for the petitioner that the petitioner is an innocent person and he has not committed any offence and prays for anticipatory bail in favour of the petitioner. 4.It is submitted by the learned Government Advocate (Crl.Side) that there is no previous case against the petitioner. 5.Considering the facts and circumstances of the case, this Court is inclined to grant 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, 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 of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m., until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. 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 stands dismissed. sd/- 04/11/2015 / TRUE COPY / https://hcservices.ecourts.gov.in/hcservices/ Sub-Assistant Registrar (C.S.)

TO 1 THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM, THENI DISTRICT. 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE,THENI. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, CIVIL SUPPLIES C.I.D., UTHAMAPALAYAM, THENI DISTRICT.

+2. CC to M/S T.ANBU Advocate SR.No.64807 ORDER IN CRL OP(MD) No.20431 of 2015 Date :04/11/2015 PBK/GSV-PM/SAR-II 04/11/2015 ::2P-7C::

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