CRL OP(MD)/17465/2011 of RAJAMANICKAM Vs THE INSPECTOR OF POLICE on 28 December 2011

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

Wednesday, the Twenty Eighth day of December Two Thousand ElevenPRESENT

The Hon`ble Mr.Justice S. RAJESWARAN

CRL OP(MD) No.17465 of 2011

RAJAMANICKAM ... PETITIONER/SOLE ACCUSED

Vs

STATE REP BYTHE INSPECTOR OF POLICE CSCID, THANJAVUR, THANJAVUR DISTRICTCRIME NO. 707/2011 ... RESPONDENT/COMPLAINANT

For Petitioner : M/S. K.P.NARAYANAKUMAR AdvocateFor Respondent : Mr.C.RAMESH, Govt. Advocate ( Crl. Side)

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

ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of therespondent police for the alleged offence punishable underSection 6 (4) TNCS Order 1982 read with 7(1) a (ii) of EC Act inCrime No.707 of 2011 on the file of the respodent police. He hasapproached this Court for anticipatory bail under Section 438 ofCode of Criminal Procedure.

2.Heard Mr.K.P.Narayanakumar, learned counsel appearing forthe petitioner and Mr.C.Ramesh, learned Additional PublicProsecutor appearing for the respondent State.

3.The learned counsel for the petitioner would submit in hisargument that the petitioner has been falsely implicated in thiscase. It is submitted that the petitioner has nothing to do withthe alleged offence as stated in the complaint.

4.The learned Additional Public Prosecutor would oppose thegrant of anticipatory bail to the petitioner. He would submitthat the petitioner was found in possession of PDS rice meantfor Public Distribution System, worth about Rs.11,865/-.https://hcservices.ecourts.gov.in/hcservices/

5.Considering the facts and circumstances of the case andalso considering the fact that the said contraband was seized,this Court is constrained to grant anticipatory bail to thepetitioner.

6.Accordingly, the petitioner is directed to be released onbail in the event of his arrest or on his appearance before theJudicial Magistrate concerned on the following conditions:

(i) The petitioner shall deposit a sum of Rs.11,865/- tothe credit of Crime No.707 of 2011 before the JudicialMagistrate No.II, Pudukottai;

(ii) On such depsoit the petitioner executes a bond for asum of Rs.10,000/- (Rupees Ten Thousand Only) with two suretieseach for a like sum to the satisfaction of the learned JudicialMagistrate No.II, Pudukkottai, and on further condition that thepetitioner shall appear before the Court concerned every day at10.30 a.m. until further orders. The petitoner shall comply withthe condition stipulated under Section 438 Cr.P.C. Scrupulously.

7.The petitioner shall appear before the Magistrateconcerned within a period of 15 days, failing which, theanticipatory bail granted shall stand automatically cancelled.

sd/-

28/12/2011

/ TRUE COPY /

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

TO

1.THE JUDICIALMAGISTRATE NO.II PUDUKOTTAI

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE PUDUKOTTAI DISTRICT

3.THE ADDITIONAL PULIC PROSECUTOR MADURAI BECNH OF MADRAS HIGH COURT, MADURAI

4.THE INSPECTOR OF POLICE CSCID, THANJAVUR, rl/5c – 2.1.2012