Thirumoorthy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN 1.Thirumoorthy 2.Arumugam ... Petitioners/Accused Nos. 1& 2 Vs State represented by The Inspector of Police, Civil Supplies C.I.D., Sivagangai, Crime No.93 of 2023.

... Respondent / Complainant For Petitioners : M/s.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.93 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Clause 6(4) of TNSC (RDCS) Order 1/3

1982, r/w 7(1)(a)(ii) of Essential Commodities Act, 1955, in Crime No.93 of 2023, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 31.08.2023, when the respondent police were on patrol duty, they found two vehicles loaded with totally 80 bags of PDS rice. They recovered the property and registered the present case. The first petitioner is the driver of the vehicle and the second petitioner is the owner of the vehicle.

3. Learned counsel for the petitioner submitted that the petitioners are innocent, they have not committed any offence as alleged by the prosecution and they have been wrongly implicated in this case.

4. Learned Additional Public Prosecutor would submit that a huge quantity of PDS rice is involved in this case. The second petitioner is not an accused in this case.

5. Recording the submission of the learned Additional Public Prosecutor, this petition is dismissed.

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6. Considering the facts and circumstances of this case and considering the huge quantity of the rice involved in this case, this Court is not inclined to grant relief to the first petitioner also.

7. Accordingly, this Criminal Original Petition is dismissed. sd/- 26/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

pnn TO 1.The Inspector of Police, Civil Supplies C.I.D., Sivagangai.

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.16113 of 2023 Date :26/09/2023 SSA/JGB/26.10.2023/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3