Madasamy v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/07/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI
1. Madasamy
2. Wilson ... Petitioners/A1 & A3 Vs The Inspector of Police, Civil Supplies CID, Tirunelveli District.
Crime No.207/2024.
... Respondent/Complainant For Petitioner : Mr.C.VENKATESH For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 207 of 2024 on the file of the Respondent police.
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ORDER : The Court made the following order :- The petitioners, apprehending arrest at the hands of the respondent Police, in connection with a case in Crime No.207 of 2024, for the offence punishable under Section 6(4) of Tamil Nadu Scheduled Commodities (RDCS) Order 1982 r/w Section 7(1)(a)(ii) of Essential Commodities Act, 1955, have filed this petition seeking anticipatory bail.
2. The case of the prosecution is that the petitioners have illegally transported 3500 Kilogram of rice collected from the beneficiaries under the Public Distribution System. Hence, the case.
3.The earlier application in Crl.O.P(MD)No.9533 of 2024 was dismissed by this Court by considering the nature of offence and the quantity of the rice.
4. The learned counsel appearing for the petitioners submits that the petitioners have changed their attitude and now, they are doing some social works and to show their bonafide, they have also paid a sum of Rs.1,00,000/- to the credit of the Chief Educational Officer, Tirunelveli District. He further submits that they are prepared to file an affidavit before the respondent police stating that they will not indulge in any offence in future. Hence, he prays for grant of anticipatory bail to the petitioners. 2/5
5. Considering the change of attitude and the submission made by the learned Counsel for the petitioners that the petitioners are ready to file an undertaking affidavit, this Court is inclined to grant anticipatory bail to the petitioners.
6. Accordingly, this Criminal Original Petition is ordered and the petitioners are ordered to be released on bail in the event of their arrest or on their appearance within a period of fifteen days from the date of receipt of a copy of this order, before the concerned learned Judicial Magistrate on condition that (i) the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand)each, with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Tirunelveli.
(ii) The petitioners and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the government in proof of their residence address;
(iii) The petitioners shall appear before the respondent police daily at 10.30 am until further orders for interrogation. They have to cooperate for the investigation. The petitioners shall file an affidavit before the respondent police stating that they will not indulge in any offence in future.
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(iv) The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses.
(v) On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation of the anticipatory PETITION FOR BAIL Under Sec.483 of BNSS sd/- 30/07/2024 / TRUE COPY / /08/2024 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 CIVIL SUPPLIES CID, TIRUNELVELI DISTRICT.
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4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
Copy to:
The Officer in Charge, Chief Educational Officer, Tirunelveli District.
ORDER
IN CRL OP(MD) No.11515 of 2024 Date :30/07/2024 MGJ/JGB/06.08.2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5