Mahamuni v. The Sub- Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Third day of March Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.3781 of 2015 MAHAMUNI ... PETITIONER/3RD ACCUSED Vs THE STATE REP BY THE SUB- INSPECTOR OF POLICE CIVIL SUPPLIES CRIME INVESTIGATION DEPARTMENT, (CSCID), KARUR DT, CRIME NO.14/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.RM.SIVAKUMAR Advocate For Respondent : Mr.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 6(4) of TNSC (RTCS Order 1982) r/w 7(1)(a)(ii) of E.C.Act, 1955 in Crime No.14 of 2015 on the file of the respondent police, seeks anticipatory bail.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the State.

3. The case of the prosecution is that A1 and A2 in this case were found in possession of 440kgs. of PDS Rice and they were arrested by Police. Based on the confession statement of the coaccused, this petitioner has been implicated. This petitioner is working as a Salesman in the Ration Shop.

4. Learned Government Advocate (Crl.Side) submits that Rice has been seized and there is no previous case against this petitioner.

5. Under such circumstances, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Karur, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the https://hcservices.ecourts.gov.in/hcservices/

satisfaction of the learned Magistrate concerned and on further condition that:

[a] the petitioner shall report before the respondent police daily at 05:30 p.m. for four weeks and thereafter as and when required for interrogation.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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]. sd/- 03/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, KARUR 2 THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT 3 THE SUB- INSPECTOR OF POLICE CIVIL SUPPLIES CRIME INVESTIGATION DEPARTMENT, (CSCID), KARUR DT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.RM.SIVAKUMAR Advocate SR.No.10221

ORDER

IN CRL OP(MD) No.3781 of 2015 Date :03/03/2015 NA/05/03/2015/P2/6C https://hcservices.ecourts.gov.in/hcservices/