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Madras High CourtCRL OP(MD)/14965/2023dismissed

Sabari v. The Inspector Of Police

2023-08-17Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Sabari ... Petitioner/Accused No.3 Vs The State, through The Inspector of Police, Civil Supplies C.I.D, Uthamapalayam, Theni District.

(Crime No.125 of 2023). ... Respondent/Complainant For Petitioner : Mr.T.LENINKUMAR, Advocate.

For Respondent : Mr.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.125 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.3, apprehending arrest at the hands of the respondent Police for the alleged offence punishable under Sections 6(4) of TNSC (RDCS) Order 1982 r/w.7(1)(a)(ii) of Essential Commodities Act, 1955, in Crime No.125 of 2023 on the file of the respondent Police, seeks anticipatory bail. 1/3

2. The case of the prosecution is that on 29.07.2023, when the defacto complainant was on surveillance, a mini Lorry bearing registration No.TN 19 AM 4595 was found to be loaded with 64 bags of rice (each contains 50 kgs). It is further alleged that the rice was transported from TNCSC godown, Andipatti. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent and is falsely implicated in this case. Only on the basis of confession statement of co-accused, this petitioner has been implicated in this case.

4. The learned Additional Public Prosecutor would submit that the petitoner is involved in 16 previous cases. Out of 16 cases, he has been convicted in 7 cases and remaining 9 cases are pending.

5. Considering the facts and circumstances of this case and also considering the bad antecendent of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this anticipatory bail petition deserves dismissal and accordingly dismissed.

sd/- 17/08/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

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INDU TO 1 THE INSPECTOR OF POLICE, CIVIL SUPPLIES C.I.D, UTHAMAPALAYAM, THENI DISTRICT.

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

ORDER

IN CRL OP(MD) No.14965 of 2023 Date :17/08/2023 SA/VRS/SAR. /07.09.2023/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3