Udaya Prakash @ Udaya v. The Inspector Of Police

CRL OP(MD). No.14347 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14347 of 2022 Udaya Prakash @ Udaya ... Petitioner/Accused No.1 Vs The State rep.by The Inspector of Police, CSCID-Madurai, Tirunelveli District.

Crime No.135 of 2022.

... Respondent/Complainant For Petitioner : M/s.SANKAR.M, Advocate.

For Respondent : Mr.P.KOTTAICHAMY Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.135 of 2022 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 alleged offence punishable under Sections 6(4) of Tamil Nadu Scheduled Commodities (RDCS) Order, 1982 and r/w Section 7(1)(a)(ii) of Essential Commodities Act, 1955 in Crime No.135 of 2022, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner along with other persons had illegally transported 1150 Kgs of PDS Rice. Hence the complaint.

3.Learned Counsel for the petitioner submits that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution, but, a false case has been foisted as against him. However, to show his bona fide, the petitioner has come forward to pay a sum of Rs.42,000/- (Rupees Fourty Two Thousand only) to the credit of Cr.No.135 of 2022 before the trial Court concerned.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that the petitioner said to have illegally transported 1150 Kgs of PDS rice, without any permission. He further submitted that no previous case pending against the petitioner herein.

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CRL OP(MD). No.14347 of 2022

5. Considering the nature of the mineral involved, the antecedents of the petitioner and his willingness to pay a sum of Rs.42,000/- (Rupees Forty Two Thousand only) to the credit of Crime Number, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is allowed on condition that the petitioner shall deposit a sum of Rs.42,000/- (Rupees Ten Thousand only) to the credit of Cr.No.135 of 2022 before the trial Court concerned, without prejudice to his rights and contentions before the trial Court.

7. On such deposit being made, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.II, Thirunelveli, 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 learned Magistrate concerned. The petitioner shall appear before the respondent police once in a month i.e., on first Monday of every English Calender Month at 10.30 a.m., until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

8. 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 stands dismissed.

sd/- 10/08/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, TIRUNELVELI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE, CSCID-MADURAI, TIRUNELVELI DISTRICT.

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

ORDER IN CRL OP(MD) No.14347 of 2022 Date :10/08/2022 SA/PN/SAR.4/25.08.2022/2P/5C https://www.mhc.tn.gov.in/judis 2/2