CRL OP(MD)/23233/2022 of J.Kajamoideen Vs The Inspector of Police on 28 December 2022

CRL OP(MD). No.23233 of 2022

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

PRESENT

The Hon`ble Ms.Justice R.N.MANJULA

1. J.Kajamoideen,

2. Mohammed Yasin, ... Petitioners/Accused Nos. 1 & 2

Vs

State Rep.by The Inspector of Police,Cscid Police Station, Trichy District (Crime No. 314 of 2022).... Respondent/Complainant For Petitioners : M/s. Ebenezer Charles.T.J, Advocate. For Respondent : Mr.A.Thiruvadikumar, Additional Public Prosecutor PRAYER :- For Bail in Crime No. 314 of 2022 on the file of the respondentpolice.

ORDER : The Court made the following order :- The petitioners/A1 and A2 who were arrested and remanded tojudicial custody on 10.12.2022 for the offences punishable underSections 6(4) of TNSC(RDCS) Order 1982 r/w Section 7(1)(a)(ii) ofEssential Commodities Act in Crime No.314 of 2022 on the file ofthe respondent police, seek bail.

2.The case of the prosecution is that the petitioners alongwith other accused said to have illegally transported 650 kgs PDSrice meant for public. Hence the case came to be registered.

3.The learned counsel appearing for the petitioners wouldsubmit that the petitioners are innocent person. He would furthersubmit that the petitioner have transported the rice as per theinstructions of A3, who is the sales women and these petitionershttps://www.mhc.tn.gov.in/judisare no way connected with the alleged crime. He would also submit that no previous case is pending against the petitioners and thepetitioners are in judicial custody from 10.12.2022. He wouldfurther submit that the petitioners without prejudice to theirrights are ready and willing to deposit a sum of Rs.5000/- to anyone of the charitable organization. hence he seek bail

4.The learned Additional Public Prosecutor appearing for therespondent would submit that petitioners along with other accusedsaid to have illegal transported 650 kgs PDS rive meant for publicHence he opposed to grant bail to the petitioners. However he fairlyconcedes that no previous case is pending against the petitioners.

5.Heard. Perused the materials available on record includingthe First Information Report.

6.Taking into consideration of the facts and submissions madeby the learned counsels and also taking into consideration theperiod of incarceration and also the fact that no previous case ispending against the petitioners and also the voluntary offer made bythe petitioners, this Court is inclined to grant bail to thepetitioners subject to the following conditions:

(a) Accordingly, the petitioners are ordered to be released onbail on condition to execute a bond for a sum of Rs.10,000/- (RupeesTen Thousand only), each with two sureties each for a like sum tothe satisfaction of the learned Judicial Magistrate No.VI, Trichy,and on further conditions that:

(b) the sureties shall affix their photographs and Left ThumbImpression in the surety bond and the learned Magistrate may obtaina copy of their Aadhar Card or Bank Pass Book to ensure theiridentity;

(c) the petitioners shall make a non refundable deposit ofRs.5,000/- (Rupees Five Thousand only) to the credit of DistrictSiddha Medical Officer CCRI PKM, Account No.10767823177, IFSC Code :[REDACTED], MICR CODE : 625002601, Branch: SBI Periyakulam, withoutprejudice to their rights and contentions before the trial Court andproduce the receipt/acknowledgment before the trial Court.

(d) the petitioners shall report before the respondent policedaily at 10.30 a.m., until further orders; (e) the petitioners shall not commit any offences of similarnature; (f) the petitioners shall not abscond either duringinvestigation or trial; (g) the petitioners shall not tamper with evidence or witnesshttps://www.mhc.tn.gov.in/judiseither during investigation or trial;

(h) on breach of any of the aforesaid conditions, the learnedJudicial Magistrate/Trial Court is entitled to take appropriateaction against the petitioners in accordance with law as if theconditions have been imposed and the petitioners released on bail bythe learned Magistrate/Trial Court himself as laid down by theHon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIRSCW 5560];

(i) if the accused thereafter abscond, a fresh FIR can beregistered under Section 229A IPC.

sd/-

28/12/2022

/ TRUE COPY /

28/12/2022

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

AAV

TO

1 THE JUDICIAL MAGISTRATE NO.VI,TRICHY.

2 DO THROUGH:THE CHIEF JUDICIAL MAGISTRATE,TRICHY DISTRICT.

3 THE INSPECTOR OF POLICECSCID POLICE STATION, TRICHY DISTRICT

4 THE SUPERINTENDENTCENTRAL PRISON, TRICHY.

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

COPY TO

THE SIDDHA MEDICAL OFFICERCCRI PKM, PERIYAKULAM, THENI DISTRICT.

+1 CC to M/s.T.J.EBENEZER, Advocate ( SR-15604[I] dated 28/12/2022 )