Madras High CourtCRL OP(MD)/1572/2017granted

M.Visvanathan v. The Inspector Of Police

2017-02-14Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourteenth day of February Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.1572 of 2017 M.VISVANATHAN ... PETITIONER / SOLE ACCUSED Vs THE STATE REP BY THE INSPECTOR OF POLICE CIVIL SUPPLIES C.I.D, MADURAI.

(CRIME NO. 24 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.T.LENIN KUMAR Advocate For Respondent : Mr.P.KANDASAMY Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Clause 6

(4) of TNSC (RDCS) Order 1982 r/w. 7(1)(a)(ii) of Essential Commodities Act, 1955, in Crime No.24 of 2017, seeks anticipatory bail.

2. The learned counsel appearing for the petitioner states that the petitioner is the owner of the vehicle viz., TVS XL Super Moped and after purchasing the rice and other grocery items for the cooking purpose and he was on the way to the home, at that time, the complainant intercepted the petitioner and seized the vehicle and lodged a false complaint.

3. The learned Government Advocate (crl.side) appearing for the respondent states that the petitioner is the sole accused in this case and he was found in possession of six bags of raw rice and each bag contains 50 Kgs and 6 Kgs of Black Dhal seized by the respondent Police. The petitioner is having no previous case in respect of this offence.

4. Considering the above facts and circumstances of the case and also considering the fact that raw rice and Black Dhal were seized by the respondent, 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 https://hcservices.ecourts.gov.in/hcservices/

the event of arrest or on his appearance, before the learned Judicial Magistrate No.III, Madurai, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall report before the respondent daily at 10.30 a.m., until further orders, for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C., scrupulously.

5. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 14/02/2017 / 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 THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

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.LENIN KUMAR Advocate SR.No.8244

ORDER

IN CRL OP(MD) No.1572 of 2017 Date :14/02/2017 MS-SKN-SAR 3/15.2.2017/2P-6C https://hcservices.ecourts.gov.in/hcservices/