N.Raj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/12/2020 PRESENT The Hon`ble Mr.Justice S.M.SUBRAMANIAM N.Raj ... Petitioner/2nd Accused Vs The State rep.by The Inspector of Police, Civil Supplies C.I.D, Trichy.

Crime No.189 of 2020. ... Respondent/Complainant For Petitioner : Mr.T.Lenin Kumar, Advocate.

For Respondent : M/s.M.Anantha Devi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.189 of 2020 on the file of the Respondent Police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner is arrayed as A2. He was arrested and remanded to Judicial Custody on 16.10.2020 for the offences punishable under Clause 6(4) of TNSC(RDCS) Order 1982 r/w 7(1)(a) (ii) of Essential Commodities Act, 1955, in Crime No.189 of 2020 on the file of the respondent police. He seeks bail. 3.The case of the prosecution is that the petitioner/A2, who is the driver of the vehicle, was found in possession of 73 bags of PDS rice(each bag contains 50 kgs) and hence, a case has been registered.

4.The learned counsel appearing for the petitioner states that the petitioner is the driver and he was not completely aware of the nature of the rice loaded in the lorry. Further states that the petitioner was arrested on 16.10.2020 and hence, he seeks bail. 1/3

5.The learned Government Advocate(Crl.side) appearing for the State made a submission that totally there are two accused and the petitioner is the driver of the Vehicle and he is in judicial custody from 16.10.2020.

6.Considering the submissions made on either side, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail and on 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 Judicial Magistrate No.VI, Trichy.

[a] The petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate/concerned Court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity.

[b] The petitioner shall report before the respondent police twice a day ie., every day morning at 10.00 a.m and evening at 06.00 p.m for a period of four weeks and thereafter, every day morning at 10.00 a.m for a period of another two weeks and thereafter as and when required for interrogation.

[c] The petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] The petitioner shall not abscond either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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]. [f] If the petitioner/accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 01/12/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.VI, TRICHY.

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2.DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3.THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

4.THE INSPECTOR OF POLICE, CIVIL SUPPLIES C.I.D, TRICHY.

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

ORDER

IN CRL OP(MD) No.13623 of 2020 Date :01/12/2020 NS TK/PN/SAR.2/01.12.2020/3P/6C 3/3