Anas, v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eleventh day of December Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.21573 of 2018 ANAS ... PETITIONER / ACCUSED RANK NOT KNOWN Vs STATE REP.BY THE INSPECTOR OF POLICE, CIVIL SUPPLY CID-MADURAI, VIRUDHUNAGAR POLICE STATION, VIRUDHUNAGAR DISTRICT.
(CRIME NO.138/2018) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.R.RUSSEL RAJ, Advocate For Respondent : Mr.S.CHANDRASEKAR, Additional Public Prosecutor 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 offences punishable under Sections 6(4), 7(1)(a) (ii) TNSC (RDCS) order 1982 of EC Act 1955 in Crime No.138 of 2018, seeks anticipatory bail.
2.The case of the prosecution is that on suspicion, the police party checked the vehicles and found that 2,600 kgs of ration rice and 2,500 kgs of sesame oil and 4,300 kgs of rice in another vehicle. Petitioner is the owner of the vehicle. Hence, the complaint.
3.The learned counsel for the petitioner would submit that a false case has been foisted against him and he had nothing to do with the alleged offence.
4.The learned Government Advocate (Crl.side) would submit that investigation is pending.
He vehemently opposed to grant anticipatory bail to the petitioner.
5.Taking into consideration the facts of the case and the submissions by learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioner.
6.Accordingly, the petitioner is ordered to be released on bail on condition that the petitioner shall deposit a sum of Rs.5,000/- to Rojavanam Oldage Home, Utthangudi, Melur Main Road, Madurai and on such deposit, he 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, Nagercoil 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 said Magistrate, on further condition that:
[a] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled.
[b] the petitioner shall report before the respondent police daily at 10.30 am for a period of two weeks and thereafter 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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 11/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE JUDICIAL MAGISTRATE NO.III, NAGERCOIL.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.
3. THE INSPECTOR OF POLICE, CIVIL SUPPLY CID-MADURAI, VIRUDHUNAGAR POLICE STATION, VIRUDHUNAGAR DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE OFFICER INCHARGE, ROJAVANAM OLDAGE HOME, UTTHANGUDI, MELUR MAIN ROAD, MADURAI +1. CC to Mr.R.RUSSEL RAJ Advocate SR.No.23095
ORDER
IN CRL OP(MD) No.21573 of 2018 Date :11/12/2018 MS/PN-AC/SAR-3/18.12.2018/3P.7C