Madras High CourtCRL OP(MD)/16919/2022dismissed

Rijo v. The Inspector Of Police

2022-09-21Honourable Mr Justice A.A.Nakkiran2 pages

CRL OP(MD). No.16919 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/09/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.16919 of 2022

1. Rijo

2. Rajaselvam ... Petitioners/Accused (Rank Not Known) Vs The State rep.by, The Inspector of Police, Civil Suppliesc.I.D., Tirunelveli District.

Crime No.262 of 2022.

... Respondent/Complainant For Petitioner : M/s.Lenin Kumar.T, Advocate.

For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.262 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 6 (4) of TNSC (RDCS) Order 1982 r/w. 7(1)(a)(ii) of Essential Commodities Act, 1955 in Crime No. 262 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners have transported 260 kgs of PDS rice (each contains 50 kgs) illegally by using Lorry bearing Regn.No.TN 75 AU 9306. Hence, the complaint.

3. The learned counsel appearing for the petitioners submitted that based on the confession of co-accused only the petitioners herein are arrayed as accused and their names have been falsely implicated in this case.

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CRL OP(MD). No.16919 of 2022

4. The learned Government Advocate (Crl. Side) appearing for the respondent police would submit that the petitioners are having four previous cases in similar nature and they are habitual offender and the PDS rice transported by the petitioners is worth about Rs.73,400/- and strongly objected to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and also considering the fact that the petitioners are habitual offenders, this court is not inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition is dismissed. sd/- 21/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE CIVIL SUPPLIESC.I.D., TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.16919 of 2022 Date :21/09/2022 trp MK/VR/SAR.II/27.09.2022/2P/3C https://www.mhc.tn.gov.in/judis 2/2