Saravanan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/06/2024 PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI Saravanan ... Petitioner/Accused Rank not known Vs The Inspector of Police, Civil Supplies C.I.D, Sivagangai.

(Crime No. 142 of 2024.) ... Respondent/Complainant For Petitioner :

Mr.T. Lenin Kumar. Advocate.

For Respondent :

Mr.M.Sakthi Kumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 142 of 2024 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged for the alleged offence under clause 6(4) of TNC (RDCS) Order 1/5

1982 r/w 7(1)(a) (ii) of Essential Commodities Act, 1955 in Crime No.142 of 2024 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 15.06.2024, the petitioner has illegally transported 30 bags of rice collected from the Family Card holders in a Lorry bearing Registration No.TN 12 -AM-5290. 3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution. Based on the confession statement of the co-accused, the petitioner has been implicated in this case.

4.The learned Additional Public Prosecutor appearing for the respondent submits that the investigation in this case is yet to be completed. He further submits that no previous case is pending as against the petitioner. 5.Considering the nature of offence, this Court is not inclined to grant anticipatory bail to the petitioner. However, the learned counsel for the petitioner submits that on his advice, the petitioner has realized his mistake and in order to show his bonafide, he has paid a sum of Rs.60,800/- to the Chief Educational Officer for the purpose of welfare activities of any one of the Government Schools in the District, such as construction of toilet and providing drinking water facility etc., 6.Considering the change in the attitude of the petitioner that he has 2/5

realized his mistake and paid a sum of Rs.60,800/- to the Chief Educational Officer, this Court is inclined to grant anticipatory bail to the petitioner. 7.Accordingly, this criminal original petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate Court No.I, Sivagangai on condition that the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Sivagangai and on further conditions that: i. The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address; ii. The petitioner shall appear before the respondent police daily at 10.30 a.m until further orders.

iii. The petitioner shall file an affidavit of undertaking before the respondent police that he will not indulge in any offence in future.

iv. The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the 3/5

prosecution witnesses. The petitioner shall be available for the trial as well.

v. On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the anticipatory bail.

sd/- 26/06/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

VRN To 1.The Judicial Magistrate No.I, Sivagangai.

2.Do through the Chief Judicial Magistrate, Sivagangai District.

3.The Inspector of Police, Civil Supplies C.I.D.

Sivagangai.

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

+1 CC to M/s.T.LENINKUMAR, Advocate ( SR-7077[I] dated 27/06/2024 ) 4/5

ORDER

IN CRL OP(MD) No.9360 of 2024 Date :26/06/2024 ED/ VR /SAR- (12/07/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5