Karthick @ Karthikeyan v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/10/2020 PRESENT The Hon'ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.10818 of 2020 Karthick @ Karthikeyan ... Petitioner/Accused (Rank not known) Vs State Rep. by The Deputy Superintendent Of Police, Tirunelveli Police Station, CSCID, Madurai District.

Crime No. 160 of 2020. ... Respondent/Complainant For Petitioner : Mr.D.Srinivasaragavan, Advocate.

For Respondent : Mr.R.Erottuchamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.160 of 2020 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner, who is arrayed as A2, apprehending arrest at the hands of the respondent police for the offences punishable under sections 2(e)(vi) and 2(e)(vii) of Motor Spirit and High Speed Diesel (Regulation of Supply and Distribution and Prevention of Malpractices) Order 1998 r/w Section 7(1)(a)(ii) of the Essential Commodities Act, 1955, in Crime No.160 of 2020 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and other accused said to have illegally transported 9000 liters of BioDiesel by using Lorry. Hence, a complaint has been registered. 3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

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4.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. The petitioner is not having any bad antecedent and hence, he prayed for grant of anticipatory bail to the petitioner. 5.The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that there is no previous case pending as against the petitioner.

6.Considering the facts and circumstances of the case and also considering the fact that the huge quantity of Bio-Diesel has been transported by the petitioner, I am not inclined to grant anticipatory bail to the petitioner.

7.Accordingly, this criminal original petition stands dismissed.

sd/- 05/10/2020 / 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 DEPUTY SUPERINTENDENT OF POLICE, TIRUNELVELI POLICE STATION, CSCID, MADURAI DISTRICT.

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

+1 CC to M/s.D.SRINIVASARAGAVAN, Advocate (SR-6835[I] dated 07/10/2020)

ORDER

IN CRL OP(MD) No.10818 of 2020 Date :05/10/2020 VSG TE/AKM/SAR-IV : 07/10/2020 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/