Kanagavalli v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/07/2021 PRESENT The Hon`ble Mr.Justice SATHI KUMAR SUKUMARA KURUP

1. Kanagavalli

2. Palanivel ... Petitioners/Accused 1 and 2 Vs The State rep.by, The Inspector of Police, Civil Supplies C.I.D, Sivagangai.

(Crime No.61 of 2021) ... Respondent/Complainant For Petitioners : Mr.T.Lenin Kumar, Advocate. For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side).

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.61 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/A1 and A2, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Clause 6(4) of TNSC (RDCS) Order 1982 r/w. 7(1)(a)(ii) of Essential Commodities Act, 1955, in Crime No.61 of 2021, seek anticipatory bail.

2.The case of the prosecution is that on 15.07.2021, the Special Tahsildar (CS), Karaikudi conducted a raid in a rice mill, namely, Sri Solai Andavar Modern Rice Mill, Karaikudi. During the inspection, he found 23 bags of boiled rice (each contains 50 kgs). Therefore, this case came to be registered based on the complaint given by the de-facto complainant.

3.The learned counsel for the petitioners submitted that the petitioners are innocents and they have been falsely implicated in this case. He further submitted that the first petitioner is the owner of the Solai Andavar Modern Rice Mill and the second petitioner is the employee under the same rice mill. 4.The learned Government Advocate(Crl.side) appearing for the respondent police submitted that the rice was seized by the 1/3

respondent police and the investigation in this case is not completed. Hence, he strongly opposed to grant anticipatory bail to the petitioners.

5.Taking note of the fact that the material witnesses are official witnesses and also the fact that the rice were seized, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their 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, Sivagangai on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: [a]the petitioners 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 card or Bank pass Book to ensure their identity.

[b]the petitioners shall report before the respondent police daily at 10.30 am., until further orders.

[c]the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d]the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. [f]If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 22/07/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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 COURT NO.I, SIVAGANGAI 2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

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

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

ORDER

IN CRL OP(MD) No.9719 of 2021 Date :22/07/2021 SJI MK/JC/SAR.II/26.07.2021/3P/5C 3/3