CRL OP(MD)/16049/2020 of Ramesh Vs The Inspector of Police on 31 December 2020

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction )

PRESENT

The Hon`ble Mr.Justice G.ILANGOVAN

1. Ramesh

2. Esakkai ... Petitioners/Accused No.1 and 2

Vs

State Rep.byThe Inspector of Police,CSCID-Madurai, (Zone),Thirunelveli District.

(Crime No.217 of 2020) ... Respondent/Complainant For Petitioners: Mr.M.Jegadeesh Pandian, Advocate. For Respondent : Mr.M.V.Chandrasekaran, Government Advocate (Crl.Side)

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

PRAYER :- For an Anticipatory Bail in Crime No.217 of 2020 on thefile of the Respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners andthe learned Government Advocate(Crl.Side) appearing for therespondent.

2. The petitioners apprehending arrest at the hands of therespondent police for the offences punishable under Sections 6(4),TN Scheduled Commodities (RDCS) Order, 1982 and EssentialCommodities Act 7(1), (a)(ii) Act, 1955, in Crime No.217 of 2020 onthe file of the respondent police, seek anticipatory bail.

3. Reading of the FIR, it shows that totally 130 bags of rationrice were stored in the place near Sulthan Street in front of oneAllah Pichai's house. No one was present in the place of storage.Only during the investigation, the real culprit can be found.

4. Considering the facts and circumstances of the case, I aminclined to grant anticipatory bail to the petitioners with certainhttps://hcservices.ecourts.gov.in/hcservices/conditions.

5. Accordingly, petitioners are ordered to be released on bailin the event of arrest or on their appearance before the learnedJudicial Magistrate No.2, Tirunelveli, and on their executing a bondfor a sum of Rs.10,000/- (Rupees Ten thousand only) each with twosureties each for a like sum to the satisfaction of the respondentPolice or to the Police Officer, who intends to arrest or to thesatisfaction of the learned Magistrate concerned and on furthercondition that:

(a) The petitioners and the sureties shall affix theirphotographs and left thumb impression in the surety bond and theMagistrate may obtain a copy of their Aadhar card or Bank pass Bookto ensure their identity; (b)the petitioners shall report before the respondent policedaily at 10.30 a.m for a period of two weeks and thereafter, as andwhen required for interrogation.(c)the petitioners shall not tamper with evidence or witnesseither during investigation or trial; (d)the petitioners shall not abscond either duringinvestigation or trial; (e)on breach of any of the aforesaid conditions, the learnedMagistrate/ Trial Court is entitled to take appropriate actionagainst the petitioners in accordance with law as if the conditionshave been imposed and the petitioners released on bail by thelearned Magistrate/Trial Court himself as laid down by the Hon'bleSupreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW5560]; and; (f)if the accused thereafter absconds, a fresh FIR can beregistered under Section 229-A IPC.

sd/-

31/12/2020

Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic,a web copy of the order may be utilized for official purposes, but,ensuring that the copy of the order that is presented is the correctcopy, shall be the responsibility of the advocate/litigantconcerned.

https://hcservices.ecourts.gov.in/hcservices/

TO

1. THE JUDICIAL MAGISTRATE NO.2, TIRUNELVELI.

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

3. THE INSPECTOR OF POLICE, CSCID-MADURAI, (ZONE), THIRUNELVELI DISTRICT. CSCID-MADURAI, (ZONE), THIRUNELVELI DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR,

MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.