S.Muthu, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Tenth day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.15320 of 2017 S.MUTHU, ... PETITIONER / ACCUSED NO.2 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, CIVIL SUPPLIES C.I.D., MADURAI.

(CRIME NO.172 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.T.DHANDAPANI 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 herein, who apprehends arrest at the hands of the respondent police for the offences punishable under Clause 6(4) of TNSC(RDCS) order 1982 r/w 7(1)(a)(ii) of Essential Commodities Act, 1955, in Crime No.172 of 2017 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 06.10.2017, the Law Enforcing Agency on routine inspection of vehicles, inspected the two wheeler and the inspection revealed that the petitioner and other persons found in possession of 3 bags of rice(each weighing 50 kgs), thereby, the respondent police registered a case against the petitioner/accused no.2 and other accused persons. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution. However, the accused no.1 already arrested and released on bail.

4.The learned Government Advocate (Crl.side) appearing for the State submitted that he did not disputed the above said of facts. 5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side) that he did not disputed the above said of facts, this Court is 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 appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.III, Madurai 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 each 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 three weeks, 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 petitioners in accordance with law and the anticipatory bail granted stands cancelled automatically. sd/- 10/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.III, MADURAI.

2 -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3 THE INSPECTOR OF POLICE, CIVIL SUPPLIES C.I.D., MADURAI.

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

+1. CC to M/S.T.DHANDAPANI Advocate SR.No.34258

ORDER

IN CRL OP(MD) No.15320 of 2017 Date :10/11/2017 MV:PM-PN:SAR3:13/11/2017/3P/6C