Madras High CourtCRL OP(MD)/6517/2024ordered

Venkatesh v. The Inspector Of Police

2024-04-26Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI

1. Venkatesh

2. Sathish Kumar ... Petitioners/Accused No.2 & 3 Vs The Inspector of Police, Thanjavur CSCID Police Station, Madurai District.

Crime No. 54/2024.

... Respondent/Complainant For Petitioners :

Mr.C.Senthil Murugan, Advocate For Respondent :

Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 54 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The respondent police registered a case as against the petitioners in Crime No.54 of 2024 for the offence under Section 6(4) of TNCSC (RDCS) r/w. 7(1)(a)(ii) of EC Act and remanded him into judicial custody on 19.03.2024. Therefore, the 1/4

petitioners have filed this petition seeking bail.

2. The case of the prosecution is that the petitioners along with other accused have illegally transported 5050 kgs. of PDS rice. 3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. However, they are languishing in jail from 19.03.2024. The co-accused has already been enlarged on bail as per order of this Court in Crl.O.P(MD) No.5603 of 2024, dated 12.04.2024. The petitioners are ready to abide the conditions imposed in the aforesaid petition, i.e., they are ready to deposit Rs.25,000/- each to the credit of Crime No.54 of 2024 on the file of the learned Judicial Magistrate No.II, Thanjavur. Hence, he prays for grant of bail to the petitioners.

4. The learned Additional Public Prosecutor appearing for the respondent opposes for grant of bail on the ground that the investigation is yet to be completed. The second petitioner is having one previous case of similar in nature. However, he fairly submitted that the co-accused has already been enlarged on bail 5.This Court considering the period of incarceration undergone by the petitioners and also considering the fact that the petitioners are ready to deposit a sum of Rs.25,000/- each - to the credit of Crime No.54 of 2024 on the file of the learned Judicial Magistrate No.II, Thanjavur, this Court is inclined to grant bail to the 2/4

petitioners.

6. Accordingly, this Criminal Original Petition is ordered and the petitioners are ordered to be released on bail on the following conditions: (i).The petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Thanjavur and to deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand) each to the credit of Crime No.54 of 2024 on the file the learned Judicial Magistrate No.II, Thanjavur. (The aforesaid amount shall be disposed, depending upon the outcome of the trial). Further, the petitioners shall file an undertaking affidavit before the concerned Magistrate at the time of furnishing the sureties that they will not indulge in any kind of offence in future.

ii) The petitioners and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address.

iii) The petitioners shall appear before the respondent police daily at 10.30 a.m. until further orders. They have to co-operate for the investigation. iv) The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution 3/4

witnesses. They shall be available for the trial as well. v) On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation of the bail. sd/- 26/04/2024 / TRUE COPY / 26/04/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO 1 THE JUDICIAL MAGISTRATE NO.II, THANJAVUR.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE OFFICER INCHARGE, DISTRICT PRISON, THANJAVUR DISTRICT. 4 THE INSPECTOR OF POLICE, THANJAVUR CSCID POLICE STATION, MADURAI DISTRICT.

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

ORDER IN CRL OP(MD) No.6517 of 2024 Date :26/04/2024 RS//SAR-(26.04.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4