Vadivel v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Third day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.7717 of 2015 VADIVEL ... PETITIONER/SOLE ACCUSED Vs STATE REP BY THE INSPECTOR OF POLICE CIVIL SUPPLIES C.I.D. TRICHY, (CRIME NO. 109 OF 2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.T.LENIN KUMAR Advocate For Respondent : MR.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, who is arrayed as the sole accused, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections Clause 6(2) and 14(1)(a) of TNSC (RDCS) Order 1982 r/w. 7(1)(a)(ii) of Essential Commodities Act, 1955, in Crime No.109 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that despite cancellation of 3,439 of family cards, the petitioner made an entry to supply kerosene and caused lose to the tune of Rs.3,58,488/-. 3.The learned counsel for the petitioner submitted that there was double entry in the records maintained by the Office and therefore, the petitioner had supplied the kerosene to the card holders and there is no allegation that the petitioner had sold the kerosene in open market.

4.The learned counsel for the petitioner undertakes to deposit the amount.

5.The learned Government Advocate (Crl.side) would submit that the petitioner was in-charge of the ration shop and he knows the cancellation of 3,439 of family card holders and inspite of that he had made false entry and caused lose to the Society to a sum of Rs.3,58,488/-.

6.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

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7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.VI, Trichy 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 deposit a sum of Rs.3,58,488/- to the credit of Crime No.109 of 2015 on the file of the learned Judicial Magistrate No.VI, Trichy and on further condition that the petitioner 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.

8. 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/- 23/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, NO.VI, TRICHY 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE TRICHY DISTRICT 3 THE INSPECTOR OF POLICE CIVIL SUPPLIES C.I.D. TRICHY, 4 THE ADDDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.T.LENIN KUMAR Advocate SR.No.21593

ORDER

IN CRL OP(MD) No.7717 of 2015 Date :23/04/2015 NA/24/04/2015/P2/6C https://hcservices.ecourts.gov.in/hcservices/