Atchumoan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eighth day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.15169 of 2017 ATCHUMOAN ... PETITIONER/1st ACCUSED Vs THE STATE BY, THE INSPECTOR OF POLICE, CIVIL SUPPLIES C.ID., TIRUNELVELI.
CRIME NO. 185/2017. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.ADITHYA VIJAYALAYAN, Advocate For Respondent : MR.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 Accused No.I, apprehends arrest at the hands of the respondent police for the offences punishable under Clause 6(4) of TNCS (RDCS) Order 1982 r/w. Section 7(1)(a)(ii) of the Essential Commodities Act, 1955, in Crime No.185 of 2017, on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that on 15.10.2017, when the respondent police conducted surprise vehicle check up near Karkudi Bus stop at Shengottah main road, they found that the petitioner has illegally transported 11 bags of PDS rice through TATA Magic Van bearing registration No.TN-25-K-4014. Thereby, the respondent police registered a case against the petitioner for the above said offences.
3.The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution.
4. The learned Government Advocate (Crl.side) appearing for the State submitted that the investigation has almost been completed.
5. Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side), I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his https://hcservices.ecourts.gov.in/hcservices/
appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Tirunelveli, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:
(i) the petitioner shall report before the respondent police, daily at 10.30 a.m., for a period of four weeks, and thereafter, as and when required for interrogation;
(ii) the petitioner shall not tamper with evidence or witness either during investigation or trial. (iii) the petitioner shall make himself available for interrogation including custodial interrogation as and when required by the investigation officer;
(iv) the petitioner shall not abscond either during investigation or trial;
(v) the petitioner shall not commit any offence while on bail;
(vi) 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 and the anticipatory bail granted stands cancelled automatically.
sd/- 08/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.II, TIRUNELVELI 2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI 3 THE INSPECTOR OF POLICE,CIVIL SUPPLIES C.ID.,TIRUNELVELI. 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.D.VENKATESH Advocate SR.No.34090
ORDER
IN CRL OP(MD) No.15169 of 2017 Date :08/11/2017 PK/RR/SAR-4/13.11.2017 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/