Kumar @ Selvaraj v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/05/2020 PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN Kumar @ Selvaraj ... Petitioner/Accused Rank Not known Vs The State rep.by The Inspector of Police, Civil Supplies C.I.D, Kuzhithurai at Nagercoil. Cr.No. 34 of 2020.
... Respondent/Complainant For Petitioner : T.LENIN KUMAR, Advocate.
For Respondent : Mr.S.Chandrasekar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory bail in Crime No.34 of 2020 on the file of the respondent police ORDER : The Court made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 6(4) of TNSC(RDCS) Order 1982 r/w.7(1)(a)(ii) of Essential Commodities Act, 1955 seeks anticipatory bail.
2. Heard both sides.
3. The petitioner is the owner of the auto bearing Reg.No. TN 75 A 7526. The respondent police has intercepted the auto on 27.02.2020 while transporting 250kg of PDS rice. The driver of the vehicle abandoned the vehicle and fleded. The respondent police has seized the vehicle along with the PDS rice worth Rs.7250/- 1/3
4. According to the petitioner he has rented out the auto and the driver of the auto has misused the auto for transporting the PDS rice.
5. The learned Additional Public Prosecutor would submit that during investigation it reveals that the petitioner is aware of illegal transport of PDS rice and he is well acquainted with the facts.
6. Considering the fact that the vehicle has been seized and the confiscation proceedings is also going on, further the PDS rice has also been recovered, this Court is inclined to grant anticipatory bail to the petitioner.
7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest by the respondent police on executing a own bond for a sum of Rs.25,000/- and further the petitioner shall execute two sureties for a sum of Rs.25,000/- (Rupees Twenty Five thousand only)each before the learned Judicial Magistrate No.III, Nagercoil on or before 05.06.2020 and on further condition that: (a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(b)the petitioner shall deposit a sum of Rs.7500/- in Crime No.34 of 2020, before the learned Judicial Magistrate No.III, Nagercoil (c)the petitioner shall report before the respondent police as and when required for interrogation;
(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioner shall not abscond either during investigation or trial;
(f)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]; and; 2/3
(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 07/05/2020 / TRUE COPY / / /2020 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, KAANYAKUMARI DISTRICT AT NAGERCOIL.
3 THE INSPECTOR OF POLICE, CIVIL SUPPLIES C.I.D, KUZHITHURAI AT NAGERCOIL. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.4860 of 2020 Date :07/05/2020 SDS/JC/SAR-2/08.05.2020/2P/5C 3/3