Madras High CourtCRL OP(MD)/13389/2022granted

Chelladurai v. The Inspector Of Police

2022-07-29Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. Chelladurai,

2. Pugal ... Petitioners/Accused No.1 & 2 Vs The State represented by The Inspector of Police, CSCID Unit, Tirunelveli Police Station, Madurai (Crime No.111 of 2022). ... Respondent/Complainant For Petitioners : Mr. Susi Kumar.C, Advocate.

For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 111 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners are facing charges under Sections 6(4) of Tamil Nadu Scheduled Commodities (RDCS) Order, 1982 r/w Section 7(i)(a)(ii) of Essential Commodities Act, 1955 in Crime No.111 of 2022 on the file of the respondent police.

2.The case of the prosecution is that the petitioners had illegally transported 21 bags of PDS rice, which contains 50 kg each., totally 1050 kgs of PDS rice. Hence the complaint. 3.The learned counsel for the petitioners submits that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. He would further submit that a false case has been foisted as against the petitioners. 1/3

4.The learned Government Advocate(Crl.side) for the respondent police submits that the no previous case is pending against the petitioners.

5.Considering the facts and circumstances of this case that the petitioners are not having any previous case at their credit, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. The petitioners shall deposit Rs.25,000/- each to the credit of Crime No.111 of 2022 before the learned Judicial Magistrate No.II, Tirunelveli.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, before the learned Judicial Magistrate No.II, Tirunelveli, and on their executing a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only), each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned; and the petitioners shall appear before the respondent police daily at 10.30 am until further orders. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

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

sd/- 29/07/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE NO.II TIRUNELVELI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI.

3 THE INSPECTOR OF POLICE CSCID UNIT, TIRUNELVELI POLICE STATION, MADURAI 2/3

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

ORDER

IN CRL OP(MD) No.13389 of 2022 Date :29/07/2022 SS/PN/SAR-II/10/08/2022/ 3P 5C 3/3