Ramesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.20989 of 2022 Ramesh ... Petitioner/Accused No.1 Vs State rep.by The Inspector of Police, CSCID, Ramanathapuram, Madurai Zone.

(Crime No.247 of 2022).

... Respondent/Complainant For Petitioner : M/s.Balaji A, Advocate.

For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.247 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 6(4) of Tamil Nadu Scheduled Commodities (Regulation of Distribution by Call System) Order, 1982 r/w 7(1)(a)(ii) of Essential Commodities Act, 1955, in Cr.No.247 of 2022, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner and other accused have illegally transported 2100 kgs of PDS Dhall worth about Rs.63,000/-. Hence, the present complaint.

3.The learned counsel for the petitioner would submit that the petitioner is the owner of the PDS Dhall and he purchased the PDS

Dhall from public and selling higher price. He would further submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. Hence, he prays for anticipatory bail.

4.The learned Government Advocate (Criminal Side) appearing for the respondent would submit that totally three accused involved in this case and the petitioner is arrayed as A1. The petitioner and other accused illegally transported 2100 kgs of PDS Dhall worth about Rs.63,000/-. He would also submit that the entire contraband was seized by the respondent police and the petitioner is having five similar previous cases. Hence, he strongly opposed to grant anticipatory bail.

5.Considering the facts and circumstances of the case and also considering the fact that the entire contraband was seized by the respondent police, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of the Head Mistress, MDU East PU Primary School, Y.Othakadai, Madurai (SBI Bank, CIF No.80080760812, A/c No.10111536270, IFSC No.SBIN0002246), Phone No.2422950, without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the learned Judicial Magistrate No.II, Ramanathapuram. 7.On production of such receipt/acknowledgment, the petitioner is ordered to be released on bail in the event of arrest or 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.II, Ramanathapuram, on condition that the petitioner shall execute a bond for a sum of Rs.

(b)the petitioner shall report before the respondent police daily at 10.30 am until further orders;

(c)the petitioner shall not tamper with the evidence or witness either during investigation or trial;

(d)the petitioner shall not abscond either during investigation or trial;

(e)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]; and; (f)if the accused / petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

Sd/- 28/11/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.III) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO

1. THE JUDICIAL MAGISTRATE NO.II, RAMANATHAPURAM.

2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3. THE INSPECTOR OF POLICE, CSCID, RAMANATHAPURAM, MADURAI ZONE.

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

COPY TO:

THE HEAD MISTRESS, MDU EAST PU PRIMARY SCHOOL, Y.OTHAKADAI, MADURAI.

+1. CC to M/S.BALAJI A Advocate SR.No.13817

ORDER

IN CRL OP(MD) No.20989 of 2022 Date :28/11/2022 SP/SSS/SAR III/08/12/2022/3P/7C