N.Maharajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12090 of 2023 N.Maharajan, ... Petitioner/Accused No.1 Vs The State Rep.by The Inspector of Police, Civil Supplies CID Tirunelveli District.

Cr.No.124/2023.

... Respondent/Complainant For Petitioner : M/s.Anand.R, Advocate.

For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 124/2023 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Accused No.1, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 6(4) of Tamil Nadu Schedule Commodities (Regulation of Distribution by Card System) Order 1982 r/w Section 7(1) (a)(ii) of Essential Commodities Act, 1955, in Crime No.124 of 2023 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant party was on the routine vehicle check up on 29.05.2023, they found the four wheeler with rice bags. While intercepted the same, the accused persons fled away from the place of occurrence on seeing the police team. The above said vehicle searched and found 50 bags of of PDS rice about 2,500 Kgs On the basis of the above said occurrence, a case has been registered against the petitioner. https://www.mhc.tn.gov.in/judis

3.The learned counsel for the petitioner would submit that even reading of the FIR shows improbability of the above said occurrence. According to him, if the petitioner wanted to fled away, he would have fled away along with the vehicle. Similarly the fact that the identity of the petitioner was also disclosed by some of the neighbours in the place of occurrence, is also not acceptable. 4.Even though the petitioner is a load man by profession, he involved in 6 previous cases, of similar nature. Considering the bad antecedents of the petitioner, this Court is not inclined to exercise its discretion power in favour of the petitioner. The petitioner has to surrender either before the authorities or before the concerned Court and seek regular bail.

5.With the above said directions, this criminal original petition stands dismissed.

sd/- 04/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE CIVIL SUPPLIES CID TIRUNELVELI DISTRICT.

2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

ORDER

IN CRL OP(MD) No.12090 of 2023 Date :04/07/2023 MGJ(07.07.2023) 2P 3C https://www.mhc.tn.gov.in/judis