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Madras High CourtCRL OP(MD)/14288/2022granted

T.Mathankumar v. The Inspector Of Police

2022-08-08Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.14288 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14288 of 2022 T.Mathankumar ... Petitioner/Accused No.2 Vs The State rep.by The Inspector of Police, CSCID Unit, Tirunelveli Police Station, Madurai District.

Crime No.203 of 2022. ... Respondent/Complainant For Petitioner : Mr.SUSI KUMAR.C., Advocate.

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.203 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner is facing charges under Sections 6(4) of Tamil Nadu Scheduled Commodities (RDCS) Order, 1982 r/w Section 7(i) (a)(ii) of Essential Commodities Act, 1955 in Crime No.203 of 2022 on the file of the respondent police.

2.The case of the prosecution is that the petitioner had illegally transported 35 bags of PDS rice, which contains 40 kg each., totally 1400 kgs of PDS rice. Hence the complaint. 3.The learned counsel for the petitioner submits that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that a false case has been foisted as against the petitioner. 4.The learned Government Advocate(Crl.side) for the respondent police submits that the no previous case is pending against the petitioner.

5.Considering the facts and circumstances of this case that the petitioner is not having any previous case at his credit, this Court is inclined to grant anticipatory bail to the petitioner with https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.14288 of 2022 certain conditions. The petitioner shall deposit Rs.50,000/- to the credit of Crime No.203 of 2022 before the learned Judicial Magistrate No.II, Tirunelveli.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, before the learned Judicial Magistrate No.II, Tirunelveli, and on his 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 Magistrate concerned; and the petitioner shall appear before the respondent police daily at 10.30 am until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioner shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

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

Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE NO.II, TIRUNELVELI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE, CSCID UNIT, TIRUNELVELI POLICE STATION, MADURAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.14288 of 2022 Date :08/08/2022 MM SA/PN/SAR.2/24.08.2022/2P/5C https://www.mhc.tn.gov.in/judis 2/2