BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourteenth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.12099 of 2011 P. ESSAKIAPPAN . PETITIONER/ACCUSED RANK NOT KNOWN Vs THE INSPECTOR OF POLICE CSCID, POLICE STAITON, MADURAI DISTRICT, CRIME NO.484 OF 2011 ...RESPONDENT/COMPLAINANT For Petitioner : M/S. T.LAJAPATHI ROY Advocate For Respondent :Mr.A.RAMAR,Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/Accused No.2 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 6(4) of TNSC(RDCS) Order 1982 r/w 7(1)(a)(ii) of Essential Commodities Act, 1955 in Crime No.484 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2.The learned Counsel for the petitioner would submit that a false case has been foisted against the petitioner under Sections 6(4) of TNSC (RDCS) Order – 1982 r/w 7(1)(a)(ii) of Essential Commodities Act, 1955 in Crime No.484 of 2011. He further submits that already A1 was arrested and enlraged on bail and hence, he prays for enlargement on anticipatory bail. 3.Heard the learned Additional Public Prosecutor(Crl.Side) submits that at the time of raid this petitioner was escaped from the place then only A1 was arrested and five bags of PDS rice seized from him and the investigation is going on and hence he seeks for dismissal of the petition. 4.Considering the rival submissions made on both sides and on perusal of case diary on 08.09.2011 the case has been registered against the two persons, the petitioner arrayed as A2. At the time of conducting raid, the respondent came to know that the petitioner and A1 has purchased the PDS rice in surrounding place and sold the value of rice is Rs.3,000/- and https://hcservices.ecourts.gov.in/hcservices/ even though A1 was arrested and enlarged on bail since the petitioner doing the business and no previous case against him, I am inclined to grant anticipatory bail to the petitioner with certain conditions. 5.Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate No.III, Madurai , and on executing 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 learned Magistrate concerned and on further condition that the petitioner shall deposit a sum of Rs.3,000/- (Rupees Three Thousand only) to the credit of in Crime No.484 of 2011 and the learned Judicial Magistrate No.III, Madurai, is directed to keep the same is in Court deposit and on further condition that the petitioner shall report before the Court concerned daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under section 438 Cr.P.C. Scrupulously. 6.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, anticipatory bail Petition stands dismissed. sd/- 14/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1.THE JUDICIAL MAGISTRATE NO.III MADURAI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE CSCID, POLICE STAITON, MADURAI DISTRICT, +1. CC to M/S. T.LAJAPATHI ROY Advocate SR.No.31631 rl/6c – 20.9.2011 ORDER IN CRL OP(MD) No.12099 of 2011 Date :14/09/2011 https://hcservices.ecourts.gov.in/hcservices/