Tamil Selvi Alias Archanana v. The Sub Inspsector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/07/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD). No.10405 of 2019 Tamil Selvi @ Archana ... Petitioner/Accused No.2 Vs State represented by The Sub Inspector of Police, Civil Supply CID Uthamapalayam, Theni District.

Crime No.109 of 2019 ... Respondent/Complainant For Petitioner : M/s.S.Muthukumar, Advocate.

For Respondent : Mr.V.Neelakandan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Cr.No.109 of 2019 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 offences punishable under Sections 6 (4) TNSC (RDCS) Order 1982, r/w 7 (1) (a) (ii) of Essential Commodities Act, 1955, in Crime No.109 of 2019, seeks anticipatory bail.

2. Heard both sides.

3.The learned counsel appearing for the petitioner has submitted that even as per the FIR, on 11.07.2017, when the police party was in surveillance, the petitioner and A1 were illegally transported 590 Kgs of PDS rice to Kerela. He further submitted that A1 was already arrested and remanded to judicial custody and the property was recovered from A1. He further submitted that no previous case is pending against the petitioner, and therefore, he prayed for anticipatory bail to the petitioner. 4.The learned Additional Public Prosecutor appearing for the respondent has submitted that totally 2 accused involved in this case. The petitioner and A1 were illegally transported 590 Kgs of PDS rice to Kerela. Hence, he opposed this petition. However, he

fairly conceded that no previous case is pending against the petitioner and A1 was already arrested and remanded to judicial custody and the property was recovered from A1. 5.Considering the aforesaid fact that the main allegation is only against A1 and he was already arrested and remanded to judicial custody and only based on the confession given by the co-accused, the petitioner has been implicated in this case and also the fact that the petitioner is not having any previous case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, 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 learned Judicial Magistrate, Uthamapalayam, Theni District, on condition that the petitioner shall execute 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (i) If the petitioner fail to surrender before the concerned Magistrate within a period of 15 days, this order shall stand automatically cancelled.

(ii) the petitioner shall report before the respondent police daily at 10.30 a.m for a period of three weeks and thereafter, as and when required before the respondent police for interrogation. (iii) the petitioner shall not tamper with evidence or witness either during investigation or trial.

(iv) the petitioner shall not abscond either during investigation or trial.

(v) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. (vi) If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 24/07/2019 / 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, THENI DISTRICT.

3.THE SUB INSPECTOR OF POLICE, CIVIL SUPPLY CID UTHAMAPALAYAM, THENI DISTRICT.

4.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to Mr.S.MUTHUKUMAR Advocate SR.No.12204

ORDER

IN CRL OP(MD) No.10405 of 2019 Date :24/07/2019 dss TK/VR/SAR.1/06.08.2019/3P/6C