R. Saravanan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eleventh day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.23578 of 2015 R. SARAVANAN ... PETITIONER / ACCUSED No.6 Vs THE STATE REP.BY THE INSPECTOR OF POLICE CSCID, THOOTHUKUDI DISTRICT.

(REF. CRIME NO. 128/2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S M.MURALI Advocate For Respondent : M/S.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 arrayed as sixth accused,in Crime No.128 of 2015 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 6(4) of TNSC (RDCS) Order of 1982, r/w 7(1)(a)(ii) of EC Act, 1955 and hence, seek anticipatory bail.

2. The case of the prosecution is that the petitioner is working as a Salesman in ration shop. On 06.07.2015, the respondent conducted the vehicle check up in a National Highway, Madurai to Kanyakumari, and at that time, the respondent police stopped the vehicle and enquired the vehicle driver Ajith and subsequently, he ran away from the place and the respondent police chased the vehicle and they found that the accused person illegally transported PDS rice weighing about 5 tonnes and 50 kgs. 3.The case of the petitioner is that the occurrence took place on 06.07.2015, but the accused was arrested on 03.12.2015. As per the confession of the co-accused, the petitioner is arrayed as an accused and he is innocent and he has no way connected with the alleged offence.

4. The learned Government Advocate(Crl.side) submitted that the other accused were arrested and enlarged on bail.

5. Considering the facts and circumstances of the case and also considering the fact that the other co-accused were enlarged on bail and the petitioner is working as Salesman in the ration shop, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be released on bail https://hcservices.ecourts.gov.in/hcservices/

in the event of arrest or on his appearance before the learned Judicial Magistrate No.I, 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 Magistrate concerned and on further condition that the petitioner shall appear before the respondent police 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/- 11/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, NO.I, THOOTHUKUDI.

2. DO THRO THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE CSCID, THOOTHUKUDI DISTRICT +1. CC to M/S M.MURALI Advocate SR.No.71227. TS/17.12.2015/2P-6C/NGM-SS/SAR - I

ORDER

IN CRL OP(MD) No.23578 of 2015 Date :11/12/2015 https://hcservices.ecourts.gov.in/hcservices/