Ranjithkumar.D v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/05/2021 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Ranjith Kumar ... Petitioner/Sole Accused Vs State Rep. by The Inspector of Police, CSCID, Thoothukudi, Thoothukudi.

Crime No.38 of 2021.

... Respondent/Complainant For Petitioner : Mr.R.Maheswaran, Advocate.

For Respondent : Mr.R.Erottuchamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Cr. No.38/2021 on the file of the respondent police.

ORDER : The Court made the following order :- Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 6(4) of the Tamil Nadu Scheduled Commodities (RDCS) Order, 1982 and 7(1)(a)(ii) of the Essential Commodities Act, 1955, in Crime No.38 of 2021 on the file of the respondent police, the petitioner has come forward with this petition seeking anticipatory bail.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent police. 3.The case of the prosecution is that on 07.04.2021, at about 09.00 p.m., when the respondent police was on usual check up, the petitioner tried to transport 74 cunny bags of 3700 kg PDS rice and 10 cunny bags of 500 kg wheat. Hence, this case came to be registered.

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4.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and the petitioner has been falsely implicated in the present case and hence, he seeks anticipatory bail. He would further submit that some of the coaccused have been released on bail and also granted anticipatory bail.

5.The learned Government Advocate (criminal side), on instructions, strongly opposes this petition on the ground that the petitioner tried to transport 74 cunny bags of 3700 kg PDS rice and 10 cunny bags of 500 kg wheat.

6.Considering the facts and circumstances of the case and the fact that some of the co-accused have been released on bail and also granted anticipatory bail, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.IV, Thoothukudi, 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 conditions that, (a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar cards or Bank pass Books to ensure their identity;

(b)the petitioner is directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172), within a period of two weeks without prejudice to his rights and contentions before the trial Court; (c)the petitioner shall report before the respondent police, as and when required;

(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioner shall not abscond either during investigation or trial;

(f)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned 2/3

Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and (g)if the accused/petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 13/05/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE NO.IV, THOOTHUKUDI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI.

3 THE INSPECTOR OF POLICE, CSCID, THOOTHUKUDI, THOOTHUKUDI.

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

COPY TO:

THE OFFICER INCHARGE, CHIEF MINISTER RELIEF FUND, SECRETARIAT, CHENNAI-9.

ORDER

IN CRL OP(MD) No.6535 of 2021 Date :13/05/2021 sm/tm JM/AKM/SAR IV/19.05.2021/3P/6C 3/3