Hussion Ali v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19.07.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Hussion Ali ... Petitioner / Accused No.1 Vs The Inspector of Police, CSCID Police Station-Madurai, Dindigul District.

(In Crime No.73 of 2024) ... Respondent / Complainant For Petitioner :

Mr.C.Jeya Prakash, Advocate For Respondent :

Mr.M.Sakthi Kumar, Government Advocate(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticpatory Bail in Crime No.73 of 2024 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 6(4) of the Tamil Nadu Scheduled Commodities (RDCS) Order 1982 and Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 in Cr.No.73 of 2024 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and other accused have illegally transported 750 kgs of PDS rice. Hence, the case. 3.The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submits that the petitioner, in order to show his bona fide, has deposited a sum of Rs.60,000/- in favour of the Chief Educational Officer, Madurai District for the welfare of the Government Schools. 4.The learned Government Advocate(Crl.side) for the respondent submits that the investigation is not yet completed.

5.Considering this change in the attitude of the petitioner, this Court is inclined to grant anticipatory bail to the petitioner. 6.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 2/5

period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.III, Dindigul 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.III, Dindigul 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 am for a period of two weeks and thereafter, as and when required. He has to co-operate for the investigation. iii. The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioner shall be available for the trial as well.

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

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7.The deposited amount shall be utilized for the welfare of the Government Schools in Madurai District.

sd/- 19/07/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS To 1.The Judicial Magistrate No.III, Dindigul.

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

3.The Inspector of Police, CSCID Police Station-Madurai, Dindigul District.

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

Copy to:

The Chief Educational Officer, Madurai District.

+1 CC to M/s.C.JEYAPRAKASH, Advocate ( SR-8198[I] dated 19/07/2024 ) 4/5

ORDER

IN CRL OP(MD) No.10691 of 2024 Date :19/07/2024 ED/ VR /SAR- (07/08/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5