Prabakaran, S/O.Murugan v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Nineteenth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16723 of 2018 PRABAKARAN ... PETITIONER/ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, CIVIL SUPPLIES CID., UTHAMAPALAYAM, THENI DISTRICT CRIME.NO.69 OF 2018 ... RESPONDENT/COMPLAINANT For Petitioner : MR.T.LENIN KUMAR, 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 apprehends arrest at the hands of the respondent police for the offence punishable under Clause 6(4) of TNSC (RDCS) Order 1982 r/w 7(1) (a) (ii) of Essential Commodities Act, 1955, in Crime No.

69 of 2018, seeks anticipatory bail. 2.The case of the prosecution is that on 08.05.2018, when the respondent police along with subordinates were on surveillance, the petitioner found in possession of 60 bags of rice (each contains 50kg) with the vehicle bearing Registration No.TN-43-D-7124. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner.

4. Heard the learned Additional Public Prosecutor for the respondent.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. The petitioner is directed to contribute ten bags of rice (each contains 50 Kgs) to the "Humanity Orphanage Home", Kodangipatti, Theni District. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Uthamapalayam and https://hcservices.ecourts.gov.in/hcservices/

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 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/- 19/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM, THENI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, UTHAMAPALAYAM, THENI DISTRICT.

3 THE INSPECTOR OF POLICE, CIVIL SUPLIES CID., UTHAMAPALAYAM, THENI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO: THE OFFICER-IN-CHARGE, HUMANITY ORPHANAGE HOME, KODANGIPATTI, THENI DISTRICT +1. CC to MR.T.LENIN KUMAR, Advocate SR.No.17833

ORDER

IN CRL OP(MD) No.16723 of 2018 Date :19/09/2018 PK/PN/SAR-1/25.09.2018 : 2P/7C https://hcservices.ecourts.gov.in/hcservices/