Mohammed Kalif Hussain v. State Of Tamil Nadu Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/11/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Mohammed Kalif Hussain, ... Petitioner/Accused No.1 Vs State of Tamil Nadu, Rep. By, The Inspector of Police, Thoothukudi Police Station, Thoothukudi District. (C.S.C.I.D.-Madurai), (In Crime No.177/2024).
... Respondent/Complainant For Petitioner : Mr.M.Pandian, Advocate.
For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 177 of 2024 on the file of the Respondent police.
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ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offences under sections 2 (d) (e) (v) (vi) (vii) of the Motor Spirit and High Speed Diesel (Regulation of Supply and Distribution and Prevention of Malpractices) Order, 1998 r/w 7 (1) (a) (ii) of the Essential Commodities Act, 1955 in Crime No. 177 of 2024 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the accused persons were carrying 8100 litres of adulterated kerosene in a vehicle. There are totally two accused persons in this case and the petitioner has been arrayed as Accused No.1
3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent Police.
4. Taking into consideration the facts and circumstances of the case and also considering the fact that the adulterated kerosene has been seized and Accused No.2 was arrested and later, enlarged on bail and there are no previous cases against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions.
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5. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on 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.IV, Thoothukudi, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only), with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the said Magistrate, on further condition that: [a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled; [b] the petitioner shall report before the respondent police every Monday and Friday at 05.30 p.m. until further orders;
[c]the petitioner shall not tamper with 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; 3/5
[f] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS 2023.
sd/- 20/11/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG TO 1 THE JUDICIAL MAGISTRATE NO.IV THOOTHUKUDI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI DISTRICT.
3 THE INSPECTOR OF POLICE, THOOTHUKUDI POLICE STATION, THOOTHUKUDI DISTRICT.
(C.S.C.I.D.-MADURAI), 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.M.PANDIAN, Advocate ( SR-14336[I] dated 21/11/2024 ) 4/5
ORDER
IN CRL OP(MD) No.20082 of 2024 Date :20/11/2024 SS/GSV/SAR- /05/12/2024/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5