Sathappan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI
1. Sathappan,
2. Selvi, ... Petitioners/Accused 1 & 3 Vs The State represented by The Inspector of Police, Civil Supplies C.I.D, Ramanathapuram.
Crime No. 41 of 2024.
... Respondent/Complainant For Petitioner : M/s Lenin Kumar.T, Advocate For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 41 of 2024 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioners, apprehending arrest at the hands of the respondent Police, in 1/5
connection with a case in Crime No.41 of 2024, for the offence punishable under Clause 6(4) Of TNSC (RDCS) Order 1982 r/w Section 7(1)(a)(ii) of Essential Commodities Act, 1955, have filed this petition seeking anticipatory bail.
2. The case of the prosecution is that the petitioners have illegally transported fifty two bags of rice collected from the beneficiaries under the Public Distribution System, in a four wheeler, bearing registration No.59-BS-1618. Hence, the case.
3. The learned counsel appearing for the petitioners submits that the petitioners in order to show their bonafide have funded for construction of a toilet in a Girls Higher Secondary School, Ramanathapuram District. He further submits that half of the construction work is over. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that there is no previous case pending against the petitioners.
5. Considering the facts and circumstances of the case and also considering the change of attitude of the petitioners, this Court is inclined to grant anticipatory bail to the petitioners.
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6. Accordingly, this Criminal Original Petition is ordered and the petitioners are ordered to be released on bail in the event of their arrest or on their appearance within a period of fifteen days from the date of receipt of a copy of this order, before the concerned learned Judicial Magistrate on condition that (i) the petitioners shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand)each, with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Ramanathapuram. (ii) The petitioners and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the government in proof of their residence address;
(iii) The petitioners shall appear before the respondent police once in a week at 10.30 am until further orders for interrogation. They have to co-operate for the investigation.
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(iv) The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses. (v) On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation of the anticipatory bail. 7.For reporting the completion of the construction work, post the matter on 04.07.2024.
sd/- 11/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
LR TO 1 THE JUDICIAL MAGISTRATE NO.II RAMANATHAPURAM.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM.
3 THE INSPECTOR OF POLICE CIVIL SUPPLIES C.I.D,RAMANATHAPURAM.
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4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.T.LENINKUMAR, Advocate ( SR-6488[I] dated 13/06/2024 )
ORDER
IN CRL OP(MD) No.4741 of 2024 Date :11/06/2024 SS/JGB/SAR- /20/06/2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5