Ayyappan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/10/2020 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN Ayyappan ... Petitioner/Sole Accused Vs State Rep. by The Inspector of Police, CSCID Police Station, Trichy.

(Crime No.163 of 2020).

... Respondent/Complainant For Petitioner : M/s.K.M.Karunakaran, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.163 of 2020 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner/sole accused herein was arrested and remanded to Judicial Custody on 15.09.2020 for the offences punishable under Section 6(4) of TNSC(RDCS)and Section 7(i)(a)(ii) of Essential Commodities Act.

2. The case of the prosecution is that the petitioner was found in illegal possession of 2200kg of PDS rice.

3. The learned counsel for the petitioner would submit that the petitioner is a driver and he has been falsely implicated in the above case. He would also submit that the petitioner is in jail for nearly 30 days, hence he may be granted bail. 4.The learned Government Advocate(Crl.Side) would submit that petitioner was found in illegal possession of 2200kg of PDS rice . He would also submit that the entire quantity of rice has been seized by the respondent police and no previous case is pending against the petitioner.

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5. Taking into consideration the facts and circumstances of the case and also taking into consideration the period of incarceration and also taking note of the fact that the entire quantity of rice has been seized, this Court is inclined to grant bail to the petitioner by imposing conditions. 6.Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions [a] the petitioner is directed to contribute 15 bags of branded ponni rice( each 50 Kg) to Anbagam, Manavarlarchi Kundriyor Sirapupalli, Ramaond Reserve Line, Near Thamaraibthotti, Race Course Colony, Madurai without prejudice to his defence before the trial Court [b] On such contribution being made,the petitioner shall execute 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 Judicial Magistrate No.VI, Trichy [c] the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;

[d] the petitioner shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter as and when required for interrogation.

[e]the petitioner shall not abscond either during investigation or trial.

[f]the petitioner shall not tamper with evidence or witness either during investigation or trial.

[g]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]. [h]If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 15/10/2020 / TRUE COPY / / /2020 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 NO.VI, TRICHY.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY.

3 THE INSPECTOR OF POLICE, CBCID POLICE STATION, TRICHY.

4 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

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

COPY TO:

THE OFFICER INCHARGE, ANBAGAM, MANAVALARCHI KUNDRIYOR SIRAPUPALLI, RAMAOND RESERVE LINE, NEAR THAMARAITHOTTI, RACE COURSE COLONY, MADURAI.

ORDER

IN CRL OP(MD) No.11352 of 2020 Date :15/10/2020 AAV JM/PN/SAR II/15.10.2020/3P/7C 3/3