Basheer v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Ninth day of December Two Thousand Sixteen PRESENT The Hon`ble Mr Justice R.MAHADEVAN CRL OP(MD) No.24112 of 2016 BASHEER ... PETITIONER/ACCUSED RANK NOT KNONW Vs THE STATE REP. BY THE INSPECTOR OF POLICE, CIVIL SUPPLIES C.I.D.

KUZHITHURAI AT NAGERCOIL, CR NO. 223 OF 2016. ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.T.LENIN KUMAR, ADVOCATE FOR RESPONDENT : Mr.P.KANDASAMY, GOVERNMENT ADVOCATE ( CRL. SIDE) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent Police for the alleged offence punishable under Clause 6

(4) of TNSC (RDCS) Order 1982 r/w 7(1)(a)(ii) of Essential Commodities Act, 1955, in Crime No.223 of 2016, on the file of the respondent Police, seeks anticipatory bail.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent / State.

3. The case of the prosecution is that on 19.12.2016, when the de facto complainant and his subordinates were on surveillance, they found a Lorry bearing registration No.KL02 H6978 in possession of 180 bags of rice (each contains 50 Kgs.).

4. The learned counsel appearing for the petitioner submitted that the petitioner is the owner of the said vehicle and he is an innocent person and he has nothing to do with the present case.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be https://hcservices.ecourts.gov.in/hcservices/

released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.III, Nagercoil, and on his executing a bond for a sum of Rs.1,00,000/- (Rupees one lakh 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 10.30 a.m., and 05.30 p.m., for a period of four weeks and thereafter as and when required for interrogation. The petitioner 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 made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 29/12/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.III, NAGERCOIL.

2. THE CHIEF JUDICIAL MAGISTRATE, KANYAKMARI DISTRICT AT NAGERCOIL.

3. THE INSPECTOR OF POLICE, CIVIL SUPPLIES C.I.D.

KUZHITHURAI AT NAGERCOIL,

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.T.LENIN KUMAR Advocate SR.No. 83693

ORDER

IN CRL OP(MD) No.24112 of 2016 Date :29/12/2016 KRK/CM TE/PM/SAR-II : 30/12/2016 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/