Periyanan @ Periyanna Samy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. Periyanan @ Periyanna Samy

2. Vijay

3. Balasubramaniyan ... Petitioners/Accused 1 to 3 Vs The Inspector of Police, CSCID Police Station, Trichy.

(Crime No.69 of 2023). ... Respondent/Complainant For Petitioners : M/s. KARUNAKARAN.K.M, For Respondent : Mr.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.69 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused herein, who were arrested on 22.06.2023 for the alleged offence under Sections 6(4) of TNSC (RDCS) Order 1982 r/w 7(i)(a)(ii) of Essential Commodities Act, 1955, in Crime No.69 of 2023, on the file of the respondent police, seek bail.

2.The case of the prosecution is that on 22.06.2023 on secret information, the respondent police has conducted searching at Kudamurutti river bridge. At that time, the accused persons were carrying 2750 kgs of PDS rice in TATA Intra Vehicle 40 rice bags, worth about Rs.15,537/-. Hence, the complaint. 3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. The petitioners are also ready to file an undertaking that they will not commit any similar 1/3

offence in future. They are in custody from 22.06.2023. Hence, prays for bail.

4.The learned Additional Public Prosecutor submitted that though the petitioners are having one previous case at their credit, they were found in illegal possession of PDS rice. Hence, prays to dismiss the petition.

5.Considering the facts and circumstances of the case, the readiness of the petitioners to file an undertaking affidavit that they will not indulge in any offence in future and also considering the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners with stringent conditions.

6.Accordingly, this Criminal Original Petition is allowed on condition that the petitioners shall deposit a sum of Rs.15,537/- (Rupees Fifteen Thousand Five Hundred and Thirty Seven only) to the credit of Cr.No.69 of 2023 before the trial Court concerned, without prejudice to his rights and contentions before the trial Court. 7.On such deposit being made, the petitioners are ordered to be released on bail, on executing a personal 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.VI, Trichy, on further condition that the petitioners shall also file an undertaking affidavit before the trial Court that they will not indulge in any offence in future and on further condition that the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 06/07/2023 / TRUE COPY / 06/07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO 1 THE JUDICIAL MAGISTRATE NO.VI, TRICHY.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3 THE SUPERINTENDENT, CENTRAL JAIL, TRICHY.

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4 THE INSPECTOR OF POLICE, CSCID POLICE STATION, TRICHY.

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

+1. CC to M/S. KARUNAKARAN.K.M Advocate SR.No.10267

ORDER

IN CRL OP(MD) No.12311 of 2023 Date :06/07/2023 SA/VR/SAR. /06.07.2023/3P/7C 3/3