Sundar @ Sundharapandi v. The Sub-Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/12/2020 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD).No.15441 of 2020 Sundar @ Sundharapandi ... Petitioner/Accused Rank Not Known Vs.

The State Rep by The Sub-Inspector of Police, Tirunelveli Police Station, CSCID, Madurai.

Cr.No.216 of 2020.

... Respondent/Complainant For Petitioner : Mr.Selvakumaran.T, Advocate.

For Respondent : Mr.R.Erottuchamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Cr.No.216 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who is arrayed as accused, apprehending arrest at the hands of the respondent police for the offences punishable under sections 6(4) of TNSC(RDCS) order 1982 r/w Section 7(1)(a)(ii) of EC Act, 1955, in Crime No.216 of 2020 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioner was found in illegal possession of 70 bags of PDS rice 3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

4.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed

any offence as alleged by the prosecution and he has been falsely implicated in this case and hence, he seeks for grant of anticipatory bail.

5.The learned Government Advocate (Crl.Side) appearing for the respondent Police submitted that petitioner was found in illegal possession of 70 bags of PDS rice. He further submitted that the entire quantity of rice has been seized by the respondent police and no previous case is pending against the petitioner. 6.Considering the facts and circumstances of the case and considering the fact that there is no previous case pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7.Accordingly, the petitioner is directed to contribute 10 bags of branded ponni rice (each 50 Kg) to the credit of CMS Children Home, Rediyarpatti, Near Jeba Garden, Palayamkottai, Tirunelveli District, without prejudice to his defence before the trial Court. On such contribution being made, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Tirunelveli District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties each, who are blood related sureties, for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b)the petitioner shall report before the respondent police daily at 10.30 a.m for a period of four weeks and thereafter, as and when required for interrogation.

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner shall not abscond either during investigation or trial;

(e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

(f)if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 22/12/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

vsd 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 thro- The Chief Judicial Magistrate, Tirunelveli.

3.The Sub-Inspector of Police, Tirunelveli Police Station, CSCID, Madurai.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to:

The Administrator, CMS Children Home, Rediyarpatti, Near Jeba Garden, Palayamkottai, Tirunelveli District + 1cc to Mr. T.SELVAKUMARAN,Advocate, SR No.27002

ORDER

IN CRL OP(MD) No.15441 of 2020 Date : 22/12/2020 KK/JGB/SAR3(29.12.2020) 3P 7C