Panchavarnam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the First day of October Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.17178 of 2018 PANCHAVARNAM ... PETITIONER / ACCUSED NO.2 Vs THE STATE BY ITS, THE INSPECTOR OF POLICE, CBCID, UTHAMAPALAYAM POLICE STATION, THENI DISTRICT.

CRIME NO. 122 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.K.PRABAKARAN, 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 TNSC (RDES) Order 1982, r/w 7(i)(a)(ii) of Essential Commodities Act, 1955, in Crime No.122 of 2018, seeks anticipatory bail. 2.The case of the prosecution is that based on the secret information, the Deputy Tasildhar conducted a vehicle check up, at that time, he found that the petitioner was found in possession of 85 packs of PDS rice. 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 no previous case pending against the petitioner and the investigation is pending.

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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 10 bags of branded ponni 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, Uthamapalayam, Theni District 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/- 01/10/2018 / 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, THENI.

3.THE INSPECTOR OF POLICE, CBCID, UTHAMAPALAYAM POLICE STATION, THENI DISTRICT.

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

+1. CC to Mr.K.PRABAKARAN, Advocate, SR.No.18745.

ORDER

IN CRL OP(MD) No.17178 of 2018 Date :01/10/2018 RAM/RR/SAR 1/11.10.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/