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Madras High CourtCRL OP(MD)/12565/2023granted

Thirumoorthy v. The Inspector Of Police

2023-07-11Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.12565 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12565 of 2023 Thirumoorthy, ... Petitioner/Sole Accused Vs The Inspector of Police, Civil Supplies CID, Thanjavur.

(In Crime No.65 of 2023).

... Respondent/Complainant For Petitioner : M/s. MUNIYANDI.S, Advocate.

For Respondent : Mr.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.65 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Sole Accused herein, who was arrested on 13.06.2023 for the alleged offence under Sections 6(4) of TNSC (RDCS) order 1982 r/w Sections 7(1)(a)(ii) of Essential Commodities Act, 1955, in Crime No.65 of 2023, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner had illegally transported 2350 Kgs of PDS Rice. Hence the complaint.

3. The learned Counsel for the petitioner submits that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution, but, a false case has been foisted as against him. However, to show his bona fide, the petitioner has come forward to pay a sum of Rs.13,277/- (Rupees Thirteen Thousand Two Hundred and Seventy Seven only) to the credit of Cr.No.65 of 2023 before the trial Court concerned.

4. The learned Additional Public Prosecutor appearing for the respondent police submitted that the petitioner said to have https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.12565 of 2023 illegally transported 2350 Kgs of PDS rice, its worth about of Rs.13,277/- without any permission. He further submitted that no previous case is pending against the petitioner herein.

5. Considering the antecedents of the petitioner and his willingness to pay a sum of 13,277/- (Rupees Thirteen Thousand Two Hundred and Seventy Seven only) to the credit of Crime Number, this Court is inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is allowed on condition that the petitioner shall deposit a sum of 13,277/- (Rupees Thirteen Thousand Two Hundred and Seventy Seven only) to the credit of Cr.No.65 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 petitioner is ordered to be released on bail, on 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 Judicial Magistrate No.II, Thanjavur. The petitioner shall appear before the respondent police daily at 10.30 a.m., until further orders.

sd/- 11/07/2023 / TRUE COPY / 11/07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA TO 1 THE JUDICIAL MAGISTRATE NO.II, THANJAVUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE OFFICER INCHARGE, SUB JAIL, THANJAVUR.

4 THE INSPECTOR OF POLICE, CIVIL SUPPLIES CID, THANJAVUR.

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

+1. CC to M/S. MUNIYANDI.S Advocate SR.No.10501 (I) Dt.11/07/2023. ORDER IN CRL OP(MD) No.12565 of 2023 Date :11/07/2023 SA/VR/SAR. /11.07.2023/2P/7C https://www.mhc.tn.gov.in/judis 2/2