Abupakkar Sithik v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Fourth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16287 of 2018 ABUPAKKAR SITHIK ... PETITIONER / ACCUSED NO.2 Vs STATE REP.BY THE INSPECTOR OF POLICE CSCID POLICE STATION, TIRUNELVELI DT., CRIME NO. 88 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : MR.M.KANDASAMY Advocate For Respondent : MR.V.NEELAKANDAN ADDITIONAL PUBLIC PROSECUTOR 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 Section 6(4) of TN Scheduled Commodities (RDCS) Order 1982, r/w 7(1)(a)(ii) of Essential Commodities Act, 1955, in Crime No.88 of 2018, seeks anticipatory bail.

2.The case of the prosecution is that on 06.05.2018, the respondent police intercepted the vehicle bearing Registration No.TN-76-AJ-4340 and found 10 bags of PDS rice, weighing 50 kgms. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent. He did not commit any offence as alleged by the prosecution. Hence, he prays for anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner is having one previous case in similar nature of offence and the investigation is pending. https://hcservices.ecourts.gov.in/hcservices/

5.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. The petitioner is directed to contribute 50 kgs of rice to Anbagam, Race Course Road, K.Pudur, Madurai 600 007. On receipt of such supply, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.II, Tirunelveli and on his executing 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 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 two weeks and thereafter as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.

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

sd/- 24/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO II TIRUNELVELI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI 3 THE INSPECTOR OF POLICE CSCID POLICE STATION, TIRUNELVELI DT., 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI COPY TO:- THE ADMINISTRATOR, ANBAGAM, RACE COURSE ROAD, K.PUDUR, MADURAI-7

ORDER

IN CRL OP(MD) No.16287 of 2018 Date :24/09/2018 MSI/PN/SAR-II/28.09.2018-2P/6C https://hcservices.ecourts.gov.in/hcservices/