C. Rajavel v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Thirtieth day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.15033 of 2018 C. RAJAVEL ... PETITIONER / ACCUSED NO-2 Vs STATE REP.BY THE INSPECTOR OF POLICE, CIVIL SUPPLY CID POLICE STATION, UTHAMAPALAYAM, THENI DISTRICT.

(IN CRIME .NO. 5/2018) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.B.CHANDRAMOHAN Advocate For Respondent : Mr.M.ANANTHA DEVI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 6(4) of TNSC (RDCS) Order 1982 r/w 7(1)(a)(ii) of Essential Commodities Act, in Crime No.5 of 2018, seeks anticipatory bail.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent Police.

3. This Court had dismissed the petitioner's earlier petition on the ground that he was having one previous case. While arguing this second application for anticipatory bail, the learned counsel for the petitioner brought to my notice that there is ill-will between the petitioner herein and the local administration. He also highlighted few other facts, which this Court does not want to refer to in this order. Suffice to say that the petitioner had earlier filed W.P.(MD).No.19115 of 2017, seeking change of investigation in connection with looting of his shop. https://hcservices.ecourts.gov.in/hcservices/

4. Therefore, this Court is of the view that possibility of

false implication cannot be ruled out. Hence, this Court is inclined to grant anticipatory bail with some conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Uthamapalayam, Theni District, and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.30 a.m. for a period of seven days. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

5. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 30/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PJL TO 1 THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM.

2 THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3 THE INSPECTOR OF POLICE, CIVIL SUPPLY CID POLICE STATION, UTHAMAPALAYAM, THENI DISTRICT.

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

+1. CC to M/S.B.CHANDRAMOHAN Advocate SR.No.16525 PS/RR/SAR-1:03/09/2018:2P/6C

ORDER

IN CRL OP(MD) No.15033 of 2018 Date :30/08/2018 https://hcservices.ecourts.gov.in/hcservices/