Madras High CourtCRL OP(MD)/15397/2024disposed of

M Michael Rayappu v. The State Of Tamil Nadu

2024-09-12Honourable Mr Justice D.Bharatha Chakravarthy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY M.Michael Rayappu ... Petitioner/Accused Vs The Superintendent of Customs, Central Intelligence Unit, Trichy District.

OR No.54/2023-24 ... Respondent/Complainant For Petitioner :

M/s.Chamundi Bose, Advocate.

For Respondent :

Mr.Arul Vadivel @ Sekar, Special Public Prosecutor for Customs Cases PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- To enlarge the Petitioner/Accused on bail in the event of his arrest in OR No.54 of 2023-24 pending investigation on the file of the respondent officer. ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 135 of the Customs Act, in OR.No.54 of 2023-24, seeks anticipatory bail.

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2.When the matter came up for hearing, Mr.Arul Vadivel @ Sekar, the learned Special Public Prosecutor for Customs Cases would submit that it is only the summons that has been issued to the petitioner in this case.

3. In view of the dictum of the Hon'ble Supreme Court of India in Union of India Vs. Padam Narain Aggarwal reported in 2008 (231) E.L.T 397 (SC), when summons is issued, it is a premature stage for praying or grant of anticipatory bail. The petitioner has to appear before the respondent to record the statement, and the prayer for anticipatory bail is not entertained at this stage.

4. The apprehension which is expressed by the learned counsel for the petitioner is that the petitioner apprehends life threat and the serious harassment at the hands of the respondent.

5. The respondent has only issued summons for recording the statement of the petitioner. Hence, the petitioner is directed to appear before the respondent on 20.09.2024 at 10.30 a.m and on that day, the respondent shall record the statement of the petitioner in accordance with law.

6. with the above observations, the riminal Original Petition stands disposed of. sd/- 12/09/2024 / TRUE COPY / 18/09/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

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DSS TO 1 THE SUPERINTENDENT OF CUSTOMS, CENTRAL INTELLIGENCE UNIT, TRICHY DISTRICT.

2 THE SPECIAL PUBLIC PROSECUTOR FOR CUSTOMS CASES, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.15397 of 2024 Date :12/09/2024 RS//SAR-(18.09.2024) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3