Muniyandi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/02/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR
1. Muniyandi
2. Suriya ... Petitioners 1 & 2/ Accused No.1 & 2 Vs The State rep.by The Inspector of Police, CSCID, Trichy.
(Crime No. 22 of 2022).
... Respondent/Complainant For Petitioner : M/s.SARVAGAN PRABHU.S., Advocate.
For Respondent : Mr.E.ANTONY SAHAYA PRABAHAR, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.22 of 2022 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioners/A1 and A2, who were arrested and remanded to judicial custody on 22.01.2022 for the offences punishable under Section 6(4) of the Tamil Nadu scheduled Commodities (RDCS) Order, 1982 r/w Section 7(1)(a)(ii) of Essential Commodities Act, 1955 in Crime No.22 of 2022 on the file of the respondent police, seek bail. 2.The case of the prosecution is that the petitioners were found in illegal possession of 800 kg of rice. Hence, the complaint. 3.The learned counsel for the petitioners would submit that the petitioners are innocents and that they have been falsely implicated in this case. He would further submit that the petitioners are in judicial custody from 22.01.2022. However, he would further submit that the petitioners, without prejudice to their rights, are ready to deposit the amount that may be imposed by this Court. 4.The learned Additional Public Prosecutor for the respondent police would submit that the petitioners are having no previous case.
5.Considering the nature of the offence alleged and also the fact that the petitioners are not having any previous case for 1/3
similar or serious offence and that the petitioners are in judicial custody from 22.01.2022, this Court is inclined to grant bail to the petitioners subject to the following conditions: 6.Accordingly, the petitioners are directed to deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each as nonrefundable deposit to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172);
7.On such deposit, the petitioners are ordered to be released on bail in the event of arrest or their appearance before the learned Judicial Magistrate No.VI, Tiruchirappalli on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that: (i)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;
(ii)the petitioners shall report before the respondent police daily at 10.30 a.m. for a period of one month and thereafter, as and when required for interrogation.
(iii)the petitioners shall not tamper with the evidence or witness either during investigation or trial; (iv)the petitioners shall not abscond either during investigation or trial;
(v)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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;
(vii)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 16/02/2022 / TRUE COPY / 16/02/2022 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.
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TO 1 THE JUDICIAL MAGISTRATE NO.VI, TIRUCHIRAPPALLI.
2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.
3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.
4 THE INSPECTOR OF POLICE CSCID, TRICHY 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE OFFICER INCHARGE, GOVERNMENT OF TAMIL NADU, CHIEF MINISTER PUBLIC RELIEF FUND, SECRETARIAT, CHENNAI-9.
+1. CC to M/S.SARVAGAN PRABHU.S. Advocate SR.No.1168
ORDER
IN CRL OP(MD) No.3306 of 2022 Date :16/02/2022 SA/PN/SAR.2/16.02.2022/3P/8C 3/3