Senthilkumar v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Third day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.18012 of 2016 1 SENTHILKUMAR 2 NATARAJAN ... PETITIONERS / ACCUSED (RANK NOT KNOWN) Vs THE STATE BY THE INSPECTOR OF POLICE, C.S.C.I.D. MADURAI, (CRIME NO.220 OF 2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.D.VENAKATESH Advocate For Respondent : Mr.K.V.Rajarajan, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioners, who are arrayed as accused, pray for the grant of anticipatory bail under Section 438 of Cr.P.C. for the offences punishable under Clause 6(2)(3)(4) of TNSC (RDCS) Order 1982 r/w 7(1)(a)9ii) of the Essential Commodities Act, 1955, in Crime No.220 of 2016, on the file of the respondent police. 2.The case of the prosecution is that while the petitioners transporting 6 bags of PDS rice through an Auto, the de facto complainant seized the vehicle with rice.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case.

4.Heard the learned Government Advocate (Crl. Side). 5.On consideration of the facts and circumstances of the case and the submissions made, this Court is of the view that the petitioners can be granted the relief prayed for and accordingly; (a) In the event of arrest by or on appearance before the respondent police;

(b) In the event of appearance before the learned Judicial Magistrate No.III, Madurai, within 15 days from the date of receipt of copy of the order, https://hcservices.ecourts.gov.in/hcservices/

(i) petitioners shall be enlarged on bail on each of them executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each for the like sum to their satisfaction; (ii) petitioners shall produce 2 bags of good quality rice (containing 50 kgs. each), under a receipt, before the respondent Police at the time of complying the condition and the respondent, in turn, is directed to hand over the same to Anbagam, Race Course Road, Madurai, after collecting necessary charges from the petitioners for transportation of the rice bags, and also is directed to report compliance before the concerned Court; (iii) petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer; (iv) petitioners shall report before the respondent police daily at 10.30 a.m. for two weeks and thereafter as and when required.

sd/- 23/09/2016 / 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 DISTRICT 3 THE INSPECTOR OF POLICE, C.S.C.I.D. MADURAI.

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

+1. CC to M/S.D.VENAKATESH Advocate SR.No.55266 sm:AAL-MPA:SAR III:28/09/2016:2P/6C

ORDER

IN CRL OP(MD) No.18012 of 2016 Date :23/09/2016 https://hcservices.ecourts.gov.in/hcservices/