Murugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Murugan ... Petitioner/1st Accused Vs State Rep.by The Inspector of Police, Civil Supplies C.I.D, Trichy District (Crime No.67 of 2023).

... Respondent/Complainant For Petitioner : Mr.T.Lenin Kumar, Advocate For Respondent : Mr.B.Nambiselvam, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.67 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/1st Accused herein, who was arrested on 18.06.2023 for the alleged offence under Clause 6(4) of TNSC (RDCS) Order 1982 r/w. 7(1)(a)(ii) of Essential Commodities Act, 1955, in Crime No.67 of 2023, on the file of the respondent Police, seeks bail.

2.The prosecution case is that on 18.06.2023, the respondent Police received secret information about hoarding of scheduled commodities. On receipt of information, the respondent went to inspect a godown situated nearby AIA Engineering Limited. At that time, the petitioner and other accused accused were standing in front of the godown. The enquiry conducted by the respondent Police with the petitioner and others, revealed that they possessed 120 bags of rice (each contains 50 kgs) inside of the godown and the same were seized. It is further alleged that the petitioner collected rice from the ration card holders of the locality and stored the same in the godown.

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3.The learned counsel for the petitioner submitted that the petitioner has not committed any such offences as alleged by the prosecution. He would further submit that the petitioner is in judicial custody from 18.06.2023. Further, he would submit that the co-accused has been granted bail in Crl.O.P(MD) No.12968 of 2023 dated 17.07.2023.

4.The learned Additional Public Prosecutor submitted that the petitioner is having one previous cases at his credit and history sheet is maintained against the petitoner in H.S.No.2 of 2023 before the respondent Police. Considering the nature of offence and huge quantity, prays to dismiss the petition.

5.Considering the facts and circumstances of the case, considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with stringent conditions.

6.Accordingly, this Criminal Original Petition is allowed on condition that the petitioner shall deposit a sum of Rs.28,500/- (Rupees Twenty Eight Thousand and Five Hundred only) to the credit of Cr.No.67 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 personal 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 Judicial Magistrate No.VI, Trichy, on further condition that the petitioner shall also file an undertaking affidavit before the trial Court that he will not indulge in any offence in future and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. If any case is registered against the petitioner in future, the bail that has been granted in this case, will stand automatically cancelled without reference to this Court.

sd/- 18/07/2023 / TRUE COPY / 18/07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE NO.VI, TRICHY.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE INSPECTOR OF POLICE, CIVIL SUPPLIES CID, TRICHY DISTRICT. 4 THE SUPERINTEDENT, CENTRAL PRISON, TRICHY.

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

COPY TO THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, TIRUCHIRAPPALLI DISTRICT.

+1 CC to M/s.T.LENIN KUMAR, Advocate ( SR-10851[I] dated 18/07/2023 )

ORDER

IN CRL OP(MD) No.13082 of 2023 Date :18/07/2023 RS/VR/SAR-(18.07.2023) 3P 8C 3/3