Pandivel v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13.04.2023 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.6807 of 2023 Pandivel ... Petitioner/A1 Vs The State represented by The Inspector of Police, CSCID, Virudhunagar, Madurai Region.

In Crime No.47 of 2023 ... Respondent/Complainant For Petitioner : M/s.A.Balaji Advocate.

For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.47 of 2023 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 6(4) of TNSC (RDCS) Order, 1982 r/w 7(1)(a)(ii) of EC Act, 1955 in Crime No.47 of 2023 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant and his party have seized 2400kgs of PDS rice. Hence, the present complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent and only based on the confession statement of the co-accused, he has been falsely implicated in this case. Hence, he seeks anticipatory bail to the petitioner. 4.The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner along with other accused

said to have illegally transported PDS rice. He would also submit that the entire contraband was seized by the respondent police and that the petitioner is having one previous case. 5.Considering the nature of charges levelled against the petitioner and also the facts that the entire contraband was seized by the respondent police, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, the petitioner shall pay a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172), without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the learned Judicial Magistrate Court No.I, Virudhunagar.

7.On production of such receipt/acknowledgment, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court No.I, Virudhunagar, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand 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 learned Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;

(b)the petitioner shall report before the respondent police daily at 10.30 am for a period of one month and thereafter, as and when required for interrogation.

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

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

(e)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 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; (f)if the accused / petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 13/04/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO 1 THE JUDICIAL MAGISTRATE NO.I VIRUDHUNAGAR DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE CSCID, VIRUDHUNAGAR, MADURAI REGION.

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

COPY TO:

THE OFFICER INCHARGE, CHIEF MINISTERS PUBLIC RELIEF FUND, GOVERNMENT OF TAMIL NADU, SECRETARIAT, CHENNAI 9.

+1 CC to M/s.A.BALAJI, Advocate ( SR-5818[I] dated 13/04/2023 )

ORDER

IN CRL OP(MD) No.6807 of 2023 Date :13/04/2023 SS/CG/SAR I/24/04/2023/3P/7C