Senthilkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/10/2020 PRESENT The Hon'ble Mr.Justice G.K.ILANTHIRAIYAN Senthilkumar ... Petitioner/Accused No.2 Vs The State rep. by The Inspector of Police, Karur Police Station, (CSCID - Chennai).

(Cr.No.67 of 2020). ... Respondent/Complainant For Petitioner : M/s.J.Jeyakumaran, Advocate.

For Respondent : Mr.R. Erottuchamy, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C PRAYER :- For an Anticipatory Bail in Cr.No.67 of 2020 on the file of the respondent police ORDER : The Court made the following order :- The petitioner who is arrayed as A-2 apprehending arrest at the hands of the respondent police for the offences punishable under sections 2(E)(VI) and (VII) of Motor Spirit & High Speed Diesel (Regulation of Supply & Distribution & Prevention of Malpractices) Order, 1998 and Section 7(1)(a)(ii)of Essential Commodities Act, 1955, in Crime No.67 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that totally there are two accused in this case and this petitioner is owner of the offending vehicle and this petitioner along with other accused person said to have illegally sold out the 5000 liters of bio-diesel and other materials worth about Rs.3 Lakhs to the consumers without proper permission. Hence, the complaint.

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3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (criminal side) appearing for the respondent.

4.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that he is owner of the vehicle and A-1/driver of the vehicle was already arrested and released on bail. Hence, he seeks anticipatory bail. 5.The learned Government Advocate (criminal side), on instructions, submitted that there is no previous case pending against the petitioner. He further submitted that the properties were seized by the respondent police.

6.Considering the fact and circumstances of the case and considering the fact that A-1 already released on bail and there is no bad antecedent against the petitioner and the properties were already seized by the respondent police, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Karur, and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that, (a)the petitioner 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 petitioner shall report before the respondent police daily at 10.30 a.m., without fail for a period of Three weeks and thereafter, as and when required for interrogation. (c)the petitioner shall not tamper with 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 absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 08/10/2020 / TRUE COPY / / /2020 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 JUDICIAL MAGISTRATE NO.I, KARUR.

2. -DO- THROUGH: THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.

3. THE INSPECTOR OF POLICE, KARUR POLICE STATION, (CSCID - CHENNAI).

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

ORDER

IN CRL OP(MD) No.10337 of 2020 Date :08/10/2020 KSA SRS/ AKM/SAR-II/ 14.10.2020/ 3P/5C 3/3