Sekar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.15343 of 2023 Sekar ... Petitioner/Accused No.4 Vs The state represented by The Inspector of Police, Civil Supplies Cid, Trichy District.

In Crime No.72/2023 ... Respondent/Complainant For Petitioner : M/s.Sathish Kumar.K., Advocate.

For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.72 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/4th accused, who apprehends arrest at the hands of the

respondent Police for the alleged offences punishable under Sections 6(4) of TNSC (RDCS) Order, 1982 r/w. Section 7(1)(a)(ii) of Essential Commodities Act, 1955, in Crime No.72 of 2023 on the file of the respondent Police, seeks anticipatory bail. 2.The case of the prosecution that the accused persons were found in illegal transportation of 1500 kgs of PDS rice through vehicle bearing Registration No.TN 38 CM 1208. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Due to statistical purpose, false complaint has been registered against the petitioner. He further submitted that this the second anticipatory bail petition, earlier anticipatory bail Petition filed by the petitioner in Crl.OP(MD)No.13104 of 2023 was dismissed by this Court, on the ground that the petitioner is a habitual offender. He further submitted that this anticipatory bail petition was filed mainly on the ground that the co-accused was arrested and thereafter, released on bail. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate(Crl.Side) appearing for the respondent police submitted that without any valid ground, the present petition has been filed by the petitioner.

5. Considering the fact that there is no change of circumstances and the

benefiting of bail granted to the co-accused cannot be extended to this petitioner also, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this Criminal Original Petition is dismissed.

sd/- 23/08/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA TO THE INSPECTOR OF POLICE CIVIL SUPPLIES CID, TRICHY DISTRICT THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.15343 of 2023 Date :23/08/2023 SS/VRS/07/09/2023/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023