Rajesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Nineteenth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.21754 of 2015 RAJESH ... PETITIONER/SOLE ACCUSED Vs THE STATE REP BY THE INSPECTOR OF POLICE CIVIL SUPPLIES C.I.D., KUZHITHURAI AT NAGERCOIL, KANYAKUMARI DISTRICT.

(CRIME NO.168 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S T.LENIN KUMAR Advocate For Respondent : M/S.K.ANBARASAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as sole accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under clause 6(4) of TNSC (RDCS) Order 1982 r/w 7(1)(a)(ii) of Essential Commodities Act, 1955, in Crime No.168 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that on 05.11.2015 an Auto bearing Registration No.TN 75 L 3735 was inspected and found that 4 bags of rice (each contains 50Kgs) and was seized and therefore, the case has been registered for the above said offences. 3.The case of the petitioner is that he is the owner of the Auto and he is nothing to do with the alleged offences and his name has been falsely implicated in this case.

4.The learned Government Advocate (Crl.side) submitted that the investigation is pending.

5.Considering the facts and circumstances of the case and also considering the fact that the petitioner is the owner of the Auto, 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 No.I, Nagercoil and on https://hcservices.ecourts.gov.in/hcservices/

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/- 19/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.I, NAGERCOIL 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI DISTRICT AT NAGERCOIL 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE CIVIL SUPPLIES C.I.D., KUZHITHURAI AT NAGERCOIL, KANYAKUMARI DISTRICT.

+One cc to Mr.T.Lenin Kumar, Advocate, SR.No.66721 RL/6C /AMF/SARI/24/11/2015

ORDER

IN CRL OP(MD) No.21754 of 2015 Date :19/11/2015 https://hcservices.ecourts.gov.in/hcservices/