1 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)Nos.12160 & 12161 of 2011 SIVA @ SIVAKUMAR :PETITIONER / ACCUSED-3 IN CRL OP(MD)NO.12160/11 N.GANESAN :PETITIONER / 2ND ACCUSED IN CRL OP(MD)NO.12161/11 -Vs- THE STATE REP. BY THE INSPECTOR OF POLICE, C.S.CID, MADURAI. CR.NO. 485/2011 :RESPONDENT / COMPLAINANT IN BOTH CRL OP'S For Petitioner : M/S. T.LENIN KUMAR, in both Crl.OP's Advocate For Respondent : MR.A.RAMAR, in both Crl.OP's ADDITIONAL PUBLIC PROSECUTOR. PETITIONS FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER:The Court Made the following order:- The petitioners apprehends arrest at the hands of the respondent police for the alleged offence punishable under sections 6(4) of TNSC (RDCS) Order 1982 r/w 7(1)(a)(ii) Essential Commodities Act, 1955, in Crime No.485 of 2011, on the file of the respondent police and hence seek anticipatory bail. 2.The learned counsel for the petitioner would submit that the petitioners are arrayed as A2 and A3. The occurrence has been taken place on 09.09.2011, when the respondent conducted a surprise visit from the A1 Flour Mill and seized 4 bags of rice each contained 50 kgs, totally 200 kgs. A1 was arrested and enlarged on bail. The petitioners are innocent persons and they have been falsely implicated in this case and the investigation is considerably over and hence, he prays for enlargement on anticipatory bail. 3.Refuting the same, the learned Additional Public Prosecutor would submit that the petitioners are arrayed as A2 and A3 respectively. The accused No.2 is having three previous cases. A1 was arrested and enlarged on bail. The value of the https://hcservices.ecourts.gov.in/hcservices/ 2 property is worth about Rs.2,400/- and the investigation is going on and hence, he prays for dismissal of this application. 4.Considering the rival submissions made by both sides and also considering the fact that the alleged occurrence has taken place on 09.09.2011 and the A1 was arrested and enlarged on bail and the value of the property only worth about Rs.2,400/-, I am inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No:III, Madurai, subject to the following stringent conditions:- (i)The petitioner in Crl.O.P.No.12161 of 2011 shall deposit a sum of Rs.4,800/- and the petitioner in Crl.O.P.No.12160 of 2011 shall deposit a sum of Rs.2,400/- to the credit of Crime No.485 of 2011 before the learned Judicial Magistrate No:III, Madurai; (ii)On such deposits they shall execute a separate 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 Judicial Magistrate No:III, Madurai, and (iii)The petitioners shall appear before the learned Judicial Magistrate No.III, Madurai, daily at 10.30 a.m. until further orders. (iv)The petitioners shall comply with the condition stipulated under section 438 Cr.P.C. scrupulously. 5.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 14/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO: 1.The Judicial Magistrate No:III,Madurai. 2.-Do- Thro' The Chief Judicial Magistrate,Madurai. 3.The Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4.The Inspector of Police,C.S.CID, Madurai. +2CC to M/S.T.LENIN KUMAR Advocate SR.Nos.31438 & 31439. RP/15.09.2011/2P/7C. ORDER IN CRL OP(MD)Nos.12160 & 12161 of 2011 Date :14/09/2011. https://hcservices.ecourts.gov.in/hcservices/