P.Velmurugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/03/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD)No.4040 of 2021 P.Velmurugan ... Petitioner/Accused Rank Not Known Vs The State of Tamil Nadu The Inspector of Police, CSCID Police Station, Tirunelveli District.

Crime No.21/2021. ... Respondent/Complainant For Petitioner : Mr.K.Navaneetharaja, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 21 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A1 apprehending arrest at the hands of the respondent police for the offences punishable under Section 6(4) of TNSC(RDCS)Order 1982 r/w Section 7(1)(a)(ii)of Essential Commodities Act 1982, in Crime No.21 of 2021, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner was said to have illegally transported 5000 kgs of rice. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent, based on the confession statement given by A-2 to A4, the petitioner has been implicated in this case. 1/3

4.The learned Government Advocate (Crl. side) appearing for the State submitted that the said contraband was recovered by the respondent police. He further submitted that the petitioner is having four previous cases and A2 to A-4 were arrested and remanded into judicial custody.

5.Taking note of the above facts, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, the petitioner is directed to contribute 15 bags of branded ponni rice(each 50 Kgs) to the credit of Community Care Centre of Hope Foundation, No.16C, "C" Colony, 9th Cross Street, Perumalpuram, Palayamkottai, Tirunelveli and another 15 bags of branded ponni rice(each 50 Kgs) to the credit of Florence Swainson Higher Secondary School for the Deaf, Palayamkottai, Tirunelveli without prejudice to his defence before the trial Court. On such contribution being made, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned the Judicial Magistrate No.

II, Tirunelveli, on condition that the petitioner shall execute a bond for a sum of Rs.

(b)the petitioner shall report before the respondent police as and when required for interrogation.

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner shall not abscond either during investigation or trial;

(e)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]; and; (f)if the accused / petitioner thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 17/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.THE JUDICIAL MAGISTRATE NO.II, TIRUNELVELI.

2.-DO-THROUGH :THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE, CSCID POLICE STATION, TIRUNELVELI DISTRICT.

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

COPY TO:

1.THE OFFICER INCHARGE, COMMUNITY CARE CENTRE OF HOPE FOUNDATION, NO.16C, "C" COLONY, 9TH CROSS STREET, PERUMALPURAM, PALAYAMKOTTAI, TIRUNELVELI.

2.THE OFFICER INCHARGE, FLORENCE SWAINSON HIGHER SECONDARY SCHOOL FOR THE DEAF, PALAYAMKOTTAI, TIRUNELVELI.

ORDER

IN CRL OP(MD) No.4040 of 2021 Date :17/03/2021 SJI AE/JC/SAR-II (23/03/2021) 3P / 7C 3/3