K.Selvam @ Muthuraja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourth day of October Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice B.GOKULDAS CRL OP(MD) No.18634 of 2016 K.SELVAM @ MUTHURAJA ... PETITIONER / ACCUSED RANK NO.3 Vs STATE REPRESENTED THROUGH THE INSPECTOR OF POLICE CSCID - MADURAI, RAMANATHAPURAM POLICE STATION IN CRIME NO.36 OF 2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.A.SUNDARARAJAN 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 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 6(2), 6(3), 6(4) of Tamil Nadu Scheduled Commodities Order, 1982 and 7(i)(a)(ii) of Essential Commodities Act, 1955, in Crime No.36 of 2016, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with 3 others illegally transported PDS rice at about 120 bales, each weighing of 50 kilograms.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case.

4. The learned Government Advocate (criminal side) submitted that the petitioner is none other than the driver of the lorry, which has been used to transport PDS rice and A1 has already arrested and A2 and A4 were enlarged on bail and the property was also recovered.

https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case and also considering the fact that the property was recovered, I am inclined

to grant anticipatory bail to the petitioner with the following condition. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.II, Ramnad District, within a period of 10 days from the date on which the order copy made ready, and on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties for a like sum each to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily at 10. a.m. until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. sd/- 04/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

JIKR TO 1 THE JUDICIAL MAGISRATE NO.II, RAMNAD DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE CSCID - MADURAI, RAMANATHAPURAM POLICE STATION 4 THE ADDL.PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.A.SUNDARARAJAN Advocate SR.No.59260 GJM/SS2/SAR-I-13.10.16-2P-6C

ORDER

IN CRL OP(MD) No.18634 of 2016 Date :04/10/2016 https://hcservices.ecourts.gov.in/hcservices/