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Madras High CourtCRL OP(MD)/23742/2016granted

Pradeep, v. The Inspector Of Police,

2016-12-23Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Third day of December Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.23742 of 2016 PRADEEP ... PETITIONER/8TH ACCUSED Vs THE STATE REP BY THE INSPECTOR OF POLICE, CIVIL SUPPLIES C.I.D., MADURAI.

(CRIME NO.219/2016) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.T.LEININ KUMAR Advocate For Respondent : M/S.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 is arrayed as accused No.8 apprehends arrest at the hands of the respondent police for the alleged offence punishable under clause 6(2)(3)(4) of TNSC (RDCS) Order 1982 r/w 7 (1)(a)(ii) of Essential Commodities Act, 1955 in C.R.No.219 of 2016 on the file of the respondent police and hence, seeks anticipatory bail.

2. The learned Government Advocate (Crl.side) appearing for the respondents states that there are totally 8 accused and the petitioner herein is A-8 ; A-2, A-3 and A-6 were already arrested and released on bail by the learned Judicial Magistrate No.3, Madurai ; A-4 and A-5 were granted anticipatory bail by the Sessions Court, Maduri; A-7 was granted anticipatory bail by this Court in Crl.O.P.(MD).No.17675 of 2016. He further states that the lorry with PDS rice was seized and investigation is still pending. He also states that no previous case is pending against the petitioner herein.

3.The learned counsel for the petitioner states that the petitioner herein is the owner of the lorry and he has no connection with the alleged offence.

4.Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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5.Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate No.III, Madurai and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.30 a.m. for a period of eight weeks and thereafter as and when required. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 23/12/2016 / 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 THROUGH THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE, CIVIL SUPPLIES C.I.D., MADURAI.

+1. CC to M/S.T.LEININ KUMAR Advocate SR.No.83631 RL/6C/2P/SS3/SAR3/3.1.2017

ORDER

IN CRL OP(MD) No.23742 of 2016 Date :23/12/2016 https://hcservices.ecourts.gov.in/hcservices/