CRL OP(MD)/24112/2016 of BASHEER Vs THE INSPECTOR OF POLICE on 29 December 2016

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )

Thursday, the Twenty Ninth day of December Two Thousand SixteenPRESENT

The Hon`ble Mr Justice R.MAHADEVAN

CRL OP(MD) No.24112 of 2016

BASHEER ... PETITIONER/ACCUSED

RANK NOT KNONW

Vs

THE STATE REP. BYTHE INSPECTOR OF POLICE, CIVIL SUPPLIES C.I.D.KUZHITHURAI AT NAGERCOIL,CR NO. 223 OF 2016. ... RESPONDENT/COMPLAINANT

FOR PETITIONER : M/S.T.LENIN KUMAR, ADVOCATEFOR RESPONDENT : Mr.P.KANDASAMY, GOVERNMENT ADVOCATE ( CRL. SIDE)

PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of therespondent Police for the alleged offence punishable under Clause 6(4) of TNSC (RDCS) Order 1982 r/w 7(1)(a)(ii) of EssentialCommodities Act, 1955, in Crime No.223 of 2016, on the file of therespondent Police, seeks anticipatory bail.

2. Heard the learned counsel for the petitioner and the learnedGovernment Advocate (Crl. Side) for the respondent / State.

3. The case of the prosecution is that on 19.12.2016, when thede facto complainant and his subordinates were on surveillance, theyfound a Lorry bearing registration No.KL02 H6978 in possession of180 bags of rice (each contains 50 Kgs.).

4. The learned counsel appearing for the petitioner submittedthat the petitioner is the owner of the said vehicle and he is aninnocent person and he has nothing to do with the present case.

5. Considering the facts and circumstances of the case, thishttps://hcservices.ecourts.gov.in/hcservices/Court is inclined to grant anticipatory bail to the petitioner, withcertain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance beforethe learned Judicial Magistrate No.III, Nagercoil, and on hisexecuting a bond for a sum of Rs.1,00,000/- (Rupees one lakh only)with two sureties each for a like sum to the satisfaction of thelearned Magistrate concerned and on further condition that thepetitioner shall appear before the respondent police daily at 10.30a.m., and 05.30 p.m., for a period of four weeks and thereafter asand when required for interrogation. The petitioner shall complywith the condition stipulated under Section 438 Cr.P.C.scrupulously.

6. The petitioner shall appear before the concerned Magistratewithin a period of 15 days from the date on which the order copymade ready, failing which, the petition for anticipatory bail standsdismissed.

sd/-

29/12/2016

Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.III, NAGERCOIL.

2. THE CHIEF JUDICIAL MAGISTRATE, KANYAKMARI DISTRICT AT NAGERCOIL.

3. THE INSPECTOR OF POLICE, CIVIL SUPPLIES C.I.D. KUZHITHURAI AT NAGERCOIL,

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

+1. CC to M/S.T.LENIN KUMAR Advocate SR.No. 83693