T.Jeyakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/11/2021 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.18688 of 2021 T.Jeyakumar ... Petitioner/ Accused (Rank not known) Vs.

The State represented by The Inspector of Police, Civil Supplies CID, Uthamapalayam, Theni District.

(Crime No. 8 of 2020). ... Respondent/ Complainant For Petitioner : Mr.T.Lenin Kumar, Advocate.

For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Section 438 Cr.P.C PRAYER : For Anticipatory Bail in Crime No. 8 of 2020 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner apprehends arrest at the hands of the respondent for the offences under Sections clause 6(4) of TNSC (RDCS) Order 1982 read with 7(l)(a)(ii) of Essential Commodities Act, 1955. 2.The petitioner's earlier petitions for anticipatory bail were dismissed in view of his bad antecedents.

3.The learned Additional Public Prosecutor submitted that there is no change of circumstances and hence, this Criminal Original Petition deserves to be dismissed. Though, there is considerable objection raised by the learned Additional Public Prosecutor, since the FIR was registered way back on 22.01.2020, the petitioner has not been arrested for almost 2 years and since the contraband has also been recovered.

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4. In the view of the above, I am inclined to grant anticipatory bail to the petitioner with certain conditions.

Accordingly, petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Uthamapalayam, and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

5. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

Sd/- 29/11/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

csm/mga 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, UTHAMAPALAYAM.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3. THE INSPECTOR OF POLICE, CIVIL SUPPLIES CID, UTHAMAPALAYAM, THENI DISTRICT.

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

ORDER

IN CRL OP(MD) NO.18688 OF 2021 DATED : 29/11/2021 https://hcservices.ecourts.gov.in/hcservices/ VB/JM/SAR-IV/02.12.2021/2P/5C