Raja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Seventh day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.23114 of 2015 RAJA ... PETITIONER / ACCUSED No.4 Vs THE STATE REP.BY THE INSPECTOR OF POLICE CSCID, TIRUNELVELI, TIRUNELVELI DISTRICT, CR NO.185/2015. ... RESPONDENT / COMPLAINANT For Petitioner : M/S M.S.JEYAKARTHIK Advocate For Respondent : MR.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 the accused No.4, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 6(4) of TNSC (RDCS) of Order 1982 r/w.7(1)(a)(ii) of EC Act, 1955 in Crime No.185 of 2015, on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that on 28.10.2015, when the respondent Police has conducted the vehicle check-up, they intercepted the vehicle viz., Mahindra Maxi Truck, bearing Regn.No.TN-74-P-8770 and found that A1 and A2 transported 2000 kgs of Ration rice, without any valid permission and therefore, a case has been registered against the petitioner.

3. The learned counsel for the petitioner submitted that the petitioner is the owner of the vehicle and his vehicle has been used without the knowledge of the petitioner. He further submitted that the petitioner is innocent and he has been falsely implicated in this case. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government (Crl. Side) submitted that already A1 and A2 were detained under Act. 14 of 1982 and A3 is still absconding. He

further submitted that the petitioner is not having any previous case. 5.Considering the facts and circumstances of the case and also considering the fact that the petitioner is the owner of the vehicle and that the petitioner is not having any previous 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 her appearance before the learned Judicial Magistrate-II, Thirunelveli 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 Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.00am 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/- 07/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II TIRUNELVELI 2 DO THRO THE CHEIF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE CSCID, TIRUNELVELI, TIRUNELVELI DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S M.S.JEYAKARTHIK Advocate SR.No.70075.

ORDER

IN CRL OP(MD) No.23114 of 2015 Date :07/12/2015 AM/10.12.2015/SK.SKN/SAR-II/2P/6C https://hcservices.ecourts.gov.in/hcservices/