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Madras High CourtCRL OP(MD)/9942/2021dismissed

H.Anwar Batcha v. The Inspector Of Police

2021-07-27Honourable Mr Justice G. Chandrasekharan2 pages

CRL OP(MD). No.9942 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/07/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD). No.9942 of 2021 H.Anwar Batcha ... Petitioner/Sole Accused Vs State represented by, The Inspector of Police, CSCID Police Station, Tiruchirappalli.

Crime No. 351 of 2021.. ... Respondent/Complainant For Petitioner : M/s.Balakumaran T, 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.351 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/sole accused, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 6(4) of Tamil Nadu Scheduled Commodities (RDCS) Order, 1982 r/w. Section 7(1)(a)(ii) of Essential Commodities Act 1955, in Crime No.351 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that on 11.07.2021 at about 11.00 a.m., the de-facto complainant got information that the rice meant for public is illegally stocked in a building in front of Anwar Mill. The police made a search and found that 29 sacks of rice meant for public, distributing to public. Therefore, this case came to be registered.

3.The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case.

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CRL OP(MD). No.9942 of 2021 4.The learned Government Advocate (Crl.side) for the respondent strongly opposed this petition on the ground that investigation in this case is not completed and the petitioner is having four similar previous cases pending against him.

5.Taking into consideration the facts and circumstances of the case and the fact that this is the offence involved in illegal possession of rice meant for distribution to public and also the fact that four similar previous cases are pending against him, this Court is not inclined to grant anticipatory bail to the petitioner. 6.Accordingly, this Criminal Original Petition is dismissed. sd/- 27/07/2021 / 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 INSPECTOR OF POLICE CSCID POLICE STATION, TIRUCHIRAPPALLI.

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

ORDER

IN CRL OP(MD) No.9942 of 2021 Date :27/07/2021 RT/JM/SAR-IV/02.08.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2