Prabhu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/08/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI 1.Prabu 2.Balasingh Chrishtopher ... Petitioner/Accused(Rank not Known) Vs the state rep.by The Inspector of Police, Civil Supplies C.I.D., Tirunelveli.

Cr.No.133 of 2021. ... Respondent/Complainant For Petitioner : T.Lenin Kumar Advocate.

For Respondent : Mr.Hasan Mohammed Jinnah State Public Prosecutor assisted by Mr.T.Senthilkumar Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.133 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Clause 6

(4) of TNSC (RDCS)Order 1982 r/w. 7(1)(a)(ii) of Essential Commodities Act, 1955 in Crime No.133 of 2021, seek anticipatory bail.

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2.The case of the prosecution is that on 07.07.2021, one P.Batsha, Sub Inspector of Police, (Traffic), Tirunelveli City, lodged a complaint before the respondent police that on 06.07.2021, an impaired Lorry bearing Registration No.TN-18-AZ-5322 was parked on the left side of Madurai to Kanyakumari Road and at that time, a two wheeler, bearing registration No.TN-72-BA-1778 came from north to south and dashed against the Lorry. On receipt of information, the complainant inspected the Lorry and found that the Lorry was loaded with 250 bags of PDS rice (each contains 40 Kgs). Hence the case has been registered against the petitioners. 3.The learned counsel for the petitioner submits that the petitioners' name did not find place in the FIR. Only based on the confession of the co-accused, they were implicated. He would further state that the co-accused was arrested and released on bail by the Court below.

4.The learned Government Advocate (Crl. Side) submitted that the first petitioner is arrayed as A4 in this case and he is having six previous cases of similar in nature. He would further submit that the second petitioner is arrayed as A3 and he is having five previous cases of similar in nature.

5.Considering the nature of allegation levelled against the petitioners and their antecedents, this Court is not inclined to grant anticipatory bail to the petitioners.

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6.Accordingly, this criminal original petition is dismissed. sd/- 25/08/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM 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.II, Tirunelveli.

2. The Inspector of Police,Civil Supplies C.I.D., Tirunelveli.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

CRL OP(MD) No.11795 of 2021 Date :25/08/2021 KB/SKN/SAR-III(09.09.2021) 3P 4C 3/3