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Madras High CourtCRL OP(MD)/17270/2024dismissed

Zakeer Hussain v. The State Of Tamilnadu

2024-10-09Honourable Mr.Justice K.Rajasekar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/10/2024 PRESENT THE HON`BLE MR.JUSTICE K. RAJASEKAR Zakeer Hussain, ... Petitioner/2nd Accused Vs The State of Tamilnadu, Rep by the Sub-Inspector of Police, CSCID Police Station, Kuzhithurai at Nagercoil, Kanyakumari District.

Crime No.214 of 2024.

... Respondent/Complainant For Petitioner :Mr.S.C.Herold Singh Advocate.

For Respondent : Mr.P.Kottaichamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.214 of 2024 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 6(4) of TN Scheduled Commodities (RDCS) Order 1982 and Under Section 7(1) (a) (ii) of Essential Commodities Act, 1955, in Crime No.214 of 2024, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner has illegally transported 2400 kgs of PDS rice worth Rs.13,560/- in a vehicle bearing Registration No. TN 72 CE 1573. Hence, the complaint.

3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution. Based on the confession statement of the driver of the alleged offending vehicle, the petitioner has been implicated in this case. Except the confession statement of the driver of the vehicle, there is no other material as against this petitioner. Hence, he prays for grant of anticipatory bail to this petitioner. 2/4

4.The learned Government Advocate (Crl.side) appearing for the respondent strongly objects for grant of anticipatory bail to this petitioner that the petitioner has involved in illegal transport of 2400 kgs of PDS rice. He further submits that the petitioner is having five previous cases, similar in nature. 5.Considering the submission of the learned Government Advocate (Crl.side) that the petitioner is having five previous cases, this Court is not inclined to grant anticipatory bail to this petitioner. 6.Accordingly, this Criminal Original Petition is dismissed. sd/- 09/10/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

VRN TO 1 THE SUB-INSPECTOR OF POLICE, CSCID POLICE STATION, KUZHITHURAI AT NAGERCOIL, KANYAKUMARI DISTRICT.

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

ORDER

IN CRL OP(MD) No.17270 of 2024 Date :09/10/2024 SS/VR/SAR- /17/10/2024/4P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4