Pandi @ Palpandian v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/10/2022 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI Pandi @ Palpandian ... Petitioner/Accused No.5 Vs The State rep.by, The Inspector of Police, Civil Supplies C.I.D., Virudhunagar District.

Crime No.161 of 2022..

... Respondent/Complainant For Petitioner : Mr.Sathish Kumar.K, Advocate. For Respondent : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No.161 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Clause 6

(4) of TNSC (RDCS) Order 1982 r/w. 7(1)(a)(ii) of Essential Commodities Act, 1955, in Crime No.161 of 2022, seeks anticipatory bail.

2.The case of the prosecution is that when the respondent police was on routine check-up to unearth the hoarding of essential commodities at Sivakasi to Srivilliputhur Road near Boolanathapuram Junction, they seized 82 bags of rice (each containing 45 Kgs) from a mini lorry. Hence, the complaint.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that based on the confession of co-accused, the petitioner has been implicated in this case. 4.The learned Government Advocate (Crl.side) appearing for the respondent police submitted that investigation is pending and the petitioner is having three previous cases similar in nature. 5.Considering the facts and circumstances of the case and the nature of allegation levelled against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner. 1/3

6.Accordingly, this criminal original petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Virudhunagar, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:

[a]the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.

[b] the petitioner shall pay a sum of Rs.20,000/- (Rupees Twenty Thousand only) to the credit of Aram Seya Virumbu, Account No: 423150050800264, Tamilnadu Mercantile Bank, Ambasamudram Branch, IFSC Code : TMBL0000423, without prejudice to his rights and contentions before the trial Court. The petitioner shall execute the sureties on showing the receipt of the said amount. [c] the petitioner shall report before the respondent police on every Sunday at 10.30 a.m., for a period of eight weeks and thereafter as and when required for interrogation. [d]the petitioner shall not tamper with the evidence or witness either during investigation or trial.

[e]the petitioner shall not abscond either during investigation or trial.

[f]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. sd/- 06/10/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

ias 2/3

TO 1.THE JUDICIAL MAGISTRATE NO.I, VIRUDHUNAGAR. 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR @ SRIVILLIPUTHUR.

3.THE INSPECTOR OF POLICE, CIVIL SUPPLIES C.I.D., VIRUDHUNAGAR DISTRICT.

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

COPY TO THE OFFICER IN CHARGE, ARAM SEYA VIRUMBU, AMBASAMUDRAM.

+1 CC to M/s.K.SATHISH KUMAR, Advocate ( SR-11155[I] dated 10/10/2022 )

ORDER

IN CRL OP(MD) No.17844 of 2022 Date :06/10/2022 RK/TR/SAR- (11/10/2022) 3P/7C 3/3