Madras High CourtCRL OP(MD)/7182/2015ordered

Ebin v. The Inspector Of Police

2015-04-17Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Seventeenth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.7182 of 2015 EBIN ... PETITIONER / ACCUSED No.2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, CIVIL SUPPLIES C.I.D., KUZHITHURAI, NAGERCOIL, (CRIME NO. 36 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.MANIMARAN, Advocate For Respondent : M/S.K.V.RAJARAJAN, Govt. Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for an alleged offence punishable under Sections 6(4) of TNSC (RDCS) Order 1982 r/w. 7(1)(a)(ii) of Essential Commodities Act, 1955 in Crime No.36 of 2015, seeks anticipatory bail.

2. The case of the prosecution is that the accused were found transporting 25 bags of Rice without proper document.

3. Heard the learned counsel for the petitioner as well as the learned Government Advocate (Crl. side) appearing for the respondent.

4. The learned counsel for the petitioner submitted that the petitioner has been implicated only on the confession of the coaccused.

5. The learned Government Advocate (Crl. Side) submitted that A1 has detained under Act 14 and A2 was arrested and released on bail.

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6. Considering the facts and circumstances of the case and also considering the fact the co-accused has already been released on bail, I am inclined to grant 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 before the learned Judicial Magistrate-II, Nagercoil and on 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 until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. 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/- 17/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, NAGERCOIL. 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,KANYAKUMARI @ NAGERCOIL. 3 THE INSPECTOR OF POLICE, CIVIL SUPPLIES C.I.D., KUZHITHURAI, NAGERCOIL.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.MANIMARAN, Advocate SR.No.19674. ORDER IN CRL OP(MD) No.7182 of 2015 Date :17/04/2015 msm 20.04.2015 p2/6c https://hcservices.ecourts.gov.in/hcservices/