Durairaj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Durairaj ... Petitioners/Accused 2 Vs The Inspector of Police, Thanjavur CSCID Police Station, Thanjavur, Thanjavur District.

(Crime No.73 of 2023).

... Respondent/Complainant For Petitioner : M/s. PRAGALATHAN.N, 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.73 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner /Accused, who was arrested on 28.06.2023 for the alleged offence under Order 6(4) of the Tamil Nadu Scheduled Commodities (RDCS) Order 1982 r/w Section 7(1)(a)(ii) of EC Act, 1995, in Crime No.73 of 2023, on the file of the respondent police, seeks bail.

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2.The case of the prosecution is that on 28.06.2023 on secret information, the respondent police has conducted searching the vehicles. At that time, the accused persons were found in illegal possession of 9350 kgs of PDS rice. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. He is taking treatment at the Government Hospital, Thanjavur for his heart ailment. On that ground, this petition is filed to release him on bail.

4.The learned Additional Public Prosecutor appearing for the respondent also confirmed the said fact that the petitioner is undergoing treatment for his heart ailment.

5.Without going into merits of the case, considering the health condition of the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

6.Accordingly, this Criminal Original Petition is allowed and 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) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Thanjavur, Thanjavur District, and on further condition that the petitioner shall report before the 2/3

respondent Police once in a week, ie., on every Monday at 10.30 a.m. until further orders.

sd/- 24/07/2023 / TRUE COPY / 24/07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO 1 THE JUDICIAL MAGISTRATE NO.II, THANJAVUR, THANJAVUR DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM. 3 THE OFFICER INCHARGE, SUB JAIL, THANJAVUR.

4 THE INSPECTOR OF POLICE, THANJAVUR CSCID POLICE STATION, THANJAVUR, THANJAVUR DISTRICT.

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

+1. CC to M/S. PRAGALATHAN.N Advocate SR.No.11184 ORDER IN CRL OP(MD) No.13470 of 2023 Date :24/07/2023 SA/DD/SAR. /24.07.2023/3P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3