G.Saravanan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/06/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR G.Saravanan : Petitioner/ Accused Rank unknown Vs State rep.by The Inspector of Police, Civil Supply Crime Investigation Department, Virudhunagar District.

Crime No.99 of 2022.

:Respondent/Complainant For Petitioner : Mr.Marees Kumar.E Advocate.

For Respondent : Mr.P.Kottaichamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No.99 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Clause 6(4) of TNSC (RDCS) Order 1982 r/w Section 7(1)(a)(ii) of Essential Commodities Act, 1955, in Crime No.99 of 2022, seek anticipatory bail.

2.The case of the prosecution is that the respondent Police and his party have seized 15,000 kgs PDS rice. The accused had collected the PDS rice and sold the same in black market illegally. Hence, the present complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution.

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4.The learned Government Advocate (Crl.Side) appearing for the respondent Police would submit that the property has been recovered. He would further submit that the co-accused were already granted anticipatory bail by this Court vide common order dated 16.06.2022 in CRL OP(MD). Nos.9740 and 9748 of 2022.

5.Considering the nature of charges levelled against the petitioner and also the facts that the property has been recovered and that the co-accused were already granted anticipatory bail this Court, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner shall pay a sum of Rs.75,000/- (Rupees Seventy Five 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 petitioners 1 to 4 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; 2/3

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

sd/- 17/06/2022 / TRUE COPY / 27/06/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

das TO 1.THE JUDICIAL MAGISTRATE NO.I, VIRUDHUNAGAR.

2.DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUTHUNAGAR DISTRICT.

3.THE INSPECTOR OF POLICE, CIVIL SUPPLIES CID, VIRUDHUNAGAR DISTRICT.

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

COPY TO THE OFFICER IN CHARGE, CHIEF MINISTER'S PUBLIC RELIEF FUND, SECRETARIAT, CHENNAI-9.

+1. CC to M/S.MAREESKUMAR E Advocate SR.No.5697

ORDER

IN CRL OP(MD) No.9849 of 2022 Date :17/06/2022 RK/JM/SAR-II/27.06.2022 : 3P/7C 3/3