Madras High CourtCRL OP(MD)/7619/2017ordered

Nowsadh, v. The Inspector Of Police,

2017-06-20Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twentieth day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.7619 of 2017 1 NOWSADH 2 MURUGAN ... PETITIONER/ACCUSED RANK NOT KNOWN Vs THE STATE REPRESENTED BY, THE INSPECTOR OF POLICE, CSCID, TIRUNELVELI.

CRIME NO.74 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.SENTHIL SANKARANATHA KUMAR, Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused in Crime No.74 of 2017 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 6(4) of TNSC (RDCS) Order, 1982 r/w 7(1)(a)(ii) of Essential Commodities Act, 1955 and hence, seek anticipatory bail. 2.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent/State. 3.The learned counsel for the petitioners submitted that on 18.04.

2017 the petitioners colluding with the other accused are alleged to have illegally transported 150 bags of PDS rice. He would further submit that only on the basis of confession of A4, the petitioners are arrayed as accused in this case. The petitioners are innocent. They have not committed any offence as alleged in the complaint. They are no way connected with this case. They have been falsely implicated in this case.

4.The learned Additional Public Prosecutor appearing for the respondent / Police submitted that the first petitioner has one previous case and the second petitioner has three previous cases. The investigation is pending.

https://hcservices.ecourts.gov.in/hcservices/

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.II, Tirunelveli and on each executing 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 learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 6.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand automatically dismissed.

sd/- 20/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II,TIRUNELVELI. 2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE INSPECTOR OF POLICE,CSCID, TIRUNELVELI. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.SENTHIL SANKARANATHA KUMAR Advocate SR.No.24660 GCG CSL/RR-BS/SAR-II/22.06.2017: 2P/6C

ORDER

IN CRL OP(MD) No.7619 of 2017 Date :20/06/2017 https://hcservices.ecourts.gov.in/hcservices/