Rajesh Kannan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/08/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM
1. Rajesh Kannan
2. Prabhu ... Petitioners/Accused 1 & 2 Vs State Rep.by The Inspector of Police, Civil Supplies C.I.D.
Virudhunagar.
Crime No.109 of 2019.
... Respondent/Complainant For Petitioners: M/s.T.Dhandapani, Advocate.
For Respondent : Mr.V.Neelakandan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.109 of 2019 on the file of the Respondent Police.
ORDER : The Court Made the following order :- This petition has been filed by the petitioners/Accused No.1 and 2 seeking bail for the alleged offence punishable under clause 6
(4) of TNSC (RDCS) Order k1982 r/w. 7(1) (a) (ii) of Essential Commodities Act, 1955, in Crime No.109 of 2019. 2.Heard both sides.
3.The learned counsel appearing for the petitioners has submitted that the petitioners are innocent persons and they have been falsely implicated in the above case. He further submitted that the petitioners were arrested by the respondent police on 18.07.2019 and 19.07.2019 respectively and from that day onwards, they are in custody and hence, he prayed to grant bail to the petitioners. 1/3
4.The learned Additional Public Prosecutor appearing for the respondent police has submitted that the petitioners had illegally found in possession of 21 bags of raw rice and 20 bags of boiled rice by using TATA Ace and hence, he strongly opposed this petition. However he fairly conceded that no previous case is pending against the petitioners.
5.Taking into consideration of the fact that no previous case is pending against the petitioners and also the fact that the first petitioner is in custody from 18.07.2019 and the second petitioner is in custody from 19.07.2019, this Court is inclined to grant bail to the petitioners by imposing conditions.
[a] the petitioners are ordered to be released on bail 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 Judicial Magistrate No.1, Virudhunagar. [b] the petitioners shall report before the Respondent Police, daily at 10.30 A.M for a period of One Month and thereafter, as and when required for the interrogation.
[c] the petitioners shall not abscond either during investigation or trial.
[d] the petitioners shall not tamper with evidence or witness 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 08/08/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE JUDICIAL MAGISTRATE NO.I, VIRUDHUNAGAR.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILIPUTTUR.
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3. THE OFFICER INCHARGE, DISTRICT JAIL, VIRUDHUNAGAR.
4. THE INSPECTOR OF POLICE, CIVIL SUPPLIES C.I.D., VIRUDHUNAGAR.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S. T.DHANDAPANI Advocate SR.No.13262
ORDER
IN CRL OP(MD) No.11181 of 2019 Date :08/08/2019 MS/VR/SAR-1/08.08.2019/3P.7C 3/3