Madras High CourtCRL OP(MD)/858/2017ordered

Murugesan v. The Inspector Of Police,

2017-01-27Honourable Mr Justice N. Kirubakaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Seventh day of January Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice N.KIRUBAKARAN CRL OP(MD) No.858 of 2017 MURUGESAN ... PETITIONER/SOLE ACCUSED Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, C.S.C.I.D. THOOTHUKUDI, THOOTHUKUDI DISTRICT.

(CRIME NO.130 OF 2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.N.PRAGALATHAN 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 Section 6(4) of TNSC (RDCS) order, 1982 r/w Section 7(1) a(ii) of EC Act, 1955 in Crime No.130 of 2016, on the file of the respondent police, seeks anticipatory bail.

2. The Case of the prosecution is that on 14.10.2016 when the respondent police parties were engaged in vehicle check up, a person drove two wheeler having bag weighing 50 kg of PDS rice. On the basis of the confession statement, the respondent police seized 9 bags each weighing 50 kgs of PDS rice.

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. He further submitted that the petitioner was already released on bail by the Trial Court in Crl.M.P.No.5369 of 2016 on condition that he should appear before the respondents police daily at 10.00 a.m. and 5 p.m. Due to ill health, the petitioner did not appear before the respondent police. Therefore, the respondent police filed a petition for cancellation of bail in Crl.M.P.No.5781 https://hcservices.ecourts.gov.in/hcservices/

of 2016 and vide order dated 30.11.2016, the bail granted to the petitioner was cancelled. Hence, the petitioner is before this Court with the present petition.

4. The learned Government Advocate (Criminal Side) submitted that the petitioner is arrayed as accused in Cr.No.130 of 2016 on the file of the respondent, since he was found in possession of PDS rice.

5.Considering the facts and circumstances of the case, 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.I, Thoothukudi, Thoothukudi 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.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 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/- 27/01/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, THOOTHUKUDI,THOOTHUKUDI DISTRICT. 2 DO THRO THE CHIEF JUDICIAL MAGISTRATE,THOOTHUKUDI DISTRICT. 3 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE, C.S.C.I.D. THOOTHUKUDI, THOOTHUKUDI DISTRICT.

+1. CC to M/S.N.PRAGALATHAN Advocate SR.No.4574.

ORDER

IN CRL OP(MD) No.858 of 2017 Date :27/01/2017 https://hcservices.ecourts.gov.in/hcservices/ AM/SS3/SAR-1/30.01.2017/2P/6C