Tharma v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fifth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI V.THARMA ... PETITIONER/ACCUSED NO.6 Vs THE INSPECTOR OF POLICE CIVIL SUPPLIES CID, VIRUDHUNAGAR DISTRICT.

(CRIME NO.199 OF 2023) ... RESPONDENT/COMPLAINANT For Petitioner :

MR.M.PRABU, 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.199 OF 2023 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner/A6, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 6(4) of TNSC (RDCS) Order 1982 r/w 7 (1)(a)(ii) of EC Act in Crime No.199 of 2023, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner along with other accused 1/5

were illegally transported PDS rice without any valid permit. Hence, the case. 3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the petitioner, without prejudice to his rights, is ready to construct a toilet for the benefit of the students studying in the Government Girls Higher Secondary School, Kovilpatti. 4.The learned Additional Public Prosecutor appearing for the respondent Police submitted that the investigation is pending and the petitioner is having one previous case of similar in nature. Hence, he opposed to grant anticipatory bail to the petitioner.

5.Considering the facts and circumstances of the case and also considering the facts that the petitioner has no previous antecedents and he is undertaking to construct a toilet to the Government Girls Higher Secondary School, Kovilpatti, I am inclined to grant anticipatory bail to the petitioner. 6.Accordingly, the petitioner is ordered to be released on 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.I, Virudhunagar, 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 2/5

respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (a) the petitioner is directed to construct a toilet to the Government Girls Higher Secondary School, Kovilpatti and an appropriate proof shall be sent to the concerned learned Judicial Magistrate by the Headmaster of the said School and thereafter, sureties shall be accepted.

(b)if the petitioner failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(c)the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(d)the petitioner shall report the respondent Police as and when required for interrogation;

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

(f)the petitioner shall not abscond either during investigation or trial; (g)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 3/5

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; (h)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 05/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

sji TO 1 THE JUDICIAL MAGISTRATE NO.I, VIRUDHUNAGAR. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTTUR.

3 THE INSPECTOR OF POLICE, CIVIL SUPPLIES CID, VIRUDHUNAGAR DISTRICT.

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

COPY TO THE HEADMASTER / HEADMISTRESS, GOVERNMENT GIRLS HIGHER SECONDARY SCHOOL, KOVILPATTI.

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+1 CC to M/s.M.PRABU, Advocate ( SR-244[I] dated 05/01/2024 )

ORDER

IN Date :05/01/2024 RS/JGB/SAR-(10.01.2024) 5P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5