Davidraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/11/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM Davidraj, ... Petitioner/Accused No.1 Vs THE STATE REP BY THE INSPECTOR OF POLICE, CSCID UNIT, TIRUNELVELI POLICE STATION, in Crime No.247/2023, Madurai..

... Respondent/Complainant For Petitioner : C. Susikumar, Advocate.

For Respondent : Mr.Rms.Sethuraman, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.247/2023 on the file of the Respondent Police. ORDER : The Court made the following order :- 1/4

The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under section 6(4) Tamil Nadu Scheduled Commodities (RDCS) Order, 1982 r/w. 7(1)(a)(ii) of Essential Commodities Act, in Crime No.247 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on receiving secret information, the respondent police has conducted vehicle check up on 24.09.2023, and at that time, the petitioner herein and other accused have illegally found in possession of 3000 Kgs of PDS rice worth about Rs.18,000/-. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case and hence, seeks anticipatory bail.

4. The learned Additional Public Prosecutor appearing for the respondent would submit it is a second anticipatory bail petition and the earlier petition filed by the petitioner was dismissed by this Court on 09.10.2023. He would further submit that the petitioner and other accused have illegally transported 3000 Kgs of PDS rice and the investigation of the case is pending and hence, he strongly opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also considering the serious nature of allegations made against the petitioner and that there is no change 2/4

of circumstances after dismissal of the earlier petition, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. sd/- 21/11/2023 / TRUE COPY / /12/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO

1. The Inspector of Police, Cscid Unit, Tirunelveli Police Station, Tirunelveli..

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

ORDER

IN CRL OP(MD) No.19426 of 2023 Date : 21/11/2023 KB(01.12.2023) 3P 3C 3/4

Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4