Jahir Hussain v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Eighth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.17213 of 2018 JAHIR HUSSAIN ... PETITIONER /SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE, CIVIL SUPPLIES C.I.D, MADURAI.

IN CRIME NO.181 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.T.LENIN KUMAR Advocate For Respondent : Mr.A.P.G.OHM CHAIRMA PRABHU, Govt. Advocate ( Crl. Side) 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 (RDCS) Order 1982, r/w 7(1)(a)(ii) of Essential Commodities Act, 1955, in Crime No.181 of 2018, seeks anticipatory bail. 2.The case of the prosecution is that on 18.09.2018, based on the secret information, they rushed to the house of the petitioner and seized 13 bags of rice (each contains 50 kgs), sugar 20 kgs, door dhal 20 kgs and 8 packet of palm oil. 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 Government Advocate (Crl.Side) appearing for the respondent submitted that the investigation is pending. 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 5 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 https://hcservices.ecourts.gov.in/hcservices/

released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.III, Madurai 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/- 28/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.III, MADURAI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3. THE INSPECTOR OF POLICE, CIVIL SUPPLIES C.I.D, MADURAI.

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

COPY TO:

THE ADMINISTRATOR, ANBAGAM, RACE COURSE ROAD, K.PUDUR, MADURAI 600 007.

+1. CC to MR.T.LENIN KUMAR Advocate SR.No.18567

ORDER

IN CRL OP(MD) No.17213 of 2018 Date :28/09/2018 MS/PN/SAR-2/11.10.2018/2P.7C https://hcservices.ecourts.gov.in/hcservices/