Chinnapandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixteenth day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.15648 of 2017 CHINNAPANDI ... PETITIONER/7th ACCUSED Vs THE STATE REP BY THE INSPECTOR OF POLICE CIVIL SUPPLIES C.I.D., MADURAI, CRIME NO.183/2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.T.DHANDAPANI Advocate For Respondent : MR.K.ANBARASAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/A7, who apprehends arrest at the hands of the respondent police for offences punishable under Sections 6(2)(3)(4) of TNSC (RDCS) Order 1982 r/w. 7(1)(a)(ii) of Essential Commodities Act, 1955 in Crime No.183 of 2017, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 30.10.2017, during the vehicle checkup, a Lorry bearing registration No.TN-39-9119, made by the the respondent police and his subordinates, 8 bags of PDS rice (each contains 50 Kgs) meant for public distribution system, have been seized from the petitioners' residential address. Hence, a case has been registered against the petitioner and other accused persons for the above said offences.

3.The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He further submitted that the other accused persons filed a petition for anticipatory bail in Crl.O.P. (MD)No.14960 of 2017 and this Court, vide order dated 04.11.2017, granted anticipatory bail to the petitioners/A8 and A9. Accordingly, he prays for anticipatory bail.

4.The learned Government Advocate (Crl.side) appearing for the

State submitted that he did not dispute the above said facts made by the learned counsel for the petitioner.

5. Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side), he did not dispute the above said facts made by the learned counsel for the petitioner, 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 their 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 petitioners shall execute a bond for a sum of Rs.

25,000/- (Rupees twenty five thousand only) 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 deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the Crime No.183 of 2017 before the learned Judicial Magistrate No.III, Madurai, without prejudice to his defence before the trial Court and therefore, the learned Judicial Magistrate shall accept the sureties furnished by the petitioner; (ii) the petitioner shall report before the respondent police daily at 10.00 a.

(iii)the petitioner shall not tamper with evidence or witness either during investigation or trial.

(iv) the petitioner shall not commit any offence while on bail;

(v) On breach of any of the aforesaid conditions, the petition for anticipatory bail stands dismissed.

sd/- 16/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

rmi TO 1 THE JUDICIAL MAGISTRATE NO.III, MADURAI 2 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.34565

ORDER

IN CRL OP(MD) No.15648 of 2017 Date :16/11/2017 SMA/PM-PN/SAR-1/17.11.2017:3P/6c