Madras High CourtCRL OP(MD)/12592/2019disposed of

S.Uthirapathi v. The Food Safety Officer Ii

2019-09-12Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.12592 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/09/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.12592 of 2019 S.Uthirapathi, ... Petitioner/Accused No.2 Vs

1. State rep.by The Food Safety Officer II, Southern Railway, Chennai Central, Chennai - 600 003.

... 1st Respondent/Complainant

2. State rep.by The Inspector of Police, G-3, Kilpauk Police Station, Chennai - 10. ...2nd Respondent/Complainant For Petitioner : M/s. G. Mariappan, Advocate.

For Respondents : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in S.T.C. No.862 of 2014 on the file of the Judicial Magistrate No.1, Virudhunagar.

ORDER : The Court made the following order :- The petitioner is facing trial in S.T.C.No.862 of 2014, on the file of the learned Judicial Magistrate No.I, Virughunagar, for the offences under Sections 26(2)(i), 27(2)(i), 148(1)(a) under Section 59(ii)of Food Safety and Standard Act, 2006 and Sections 26(2)(ii), 27(2)(i) r/w. Section 52 of Food Safety and Standard Act, 2006. NBW came to issued against him on 01.07.2016. Hence, he filed this petition for anticipatory bail.

2.The petitioner's counsel gives an undertaking that the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.12592 of 2019 petitioner will attend all the future hearing without any default. If he is unable to appear, his counsel will represent him and file a petition under Section 317 of Cr.P.C. On account of the petitioner, the trial will not be stalled henceforth. If this undertaking is breached, the order now passed will stand automatically vacated and the petitioner will be remanded to custody.

3.Recording the undertaking given by the petitioner, the petitioner is directed to appear before the Court below on 03.10.2019 and apply for recall of warrant. On such application is being filed, the Court shall recall the same. The petitioner will not be remanded to custody. Till then, NBW will be kept in abeyance. The criminal original petition is disposed of. sd/- 12/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, VIRUDHUNAGAR.

2 DO-THROUGH :THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE FOOD SAFETY OFFICER II, SOUTHERN RAILWAY, CHENNAI CENTRAL, CHENNAI - 600 003.

4 THE INSPECTOR OF POLICE, G-3, KILPAUK POLICE STATION, CHENNAI -10.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.G.MARIAPPAN, Advocate ( SR-15287[I] dated 12/09/2019 )

ORDER

IN CRL OP(MD) No.12592 of 2019 Date :12/09/2019 IAS AE/SKN/SAR-IV (18.09.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2