BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Third day of September Two Thousand Eleven PRESENT THE HON`BLE MS.JUSTICE R.MALA CRL OP(MD) No.12114 of 2011 SAHUL HAMEED ... PETITIONER/ACCUSED Vs THE INSPECTOR OF POLICE NAGERCOIL CIVIL SUPPLIES CID BRANCH, KANYAKUMARI CR.NO. 228/2011. ... RESPONDENT/COMPLAINANT For Petitioner : M/S. M.R.SREENIVASAN 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/A5 apprehends arrest at the hands of the respondent police for the offence under Sections 6(4) of T.N.S.C.PDCS Order 1982 read with 7(1) a (ii) of E.C. Act of 1995, in crime No.228 of 2011, on the file of the respondent police and seeks anticipatory bail. 2.The learned counsel appearing for the petitioner would submit that the petitioner is arrayed as A5 and a false case has been foisted against the petitioner. He would further submit that the alleged occurrence is said to have been taken place on 04.06.2011 at 18.00 hours, when the Sub Inspector of Police, Nithiravilai has conducted vehicle checkup, a lorry bearing Registration No.TN 74 U 1508 was coming there and when the police attempted to stop the vehicle, the driver and another man were ran away from the lorry and the police seized 13 Tonnes of PDS rice and they registered a case against 4 persons in crime No.4 of 2011 and subsequently, it was transferred to the respondent police and it was registered in crime No.228 of 2011. 3.The learned counsel appearing for the petitioner would submit that the petitioner is nothing to do with the commission of offence and the petitioner was falsely implicated in this case and already A3 and A4 have been enlarged on anticipatory bail and since the petitioner apprehended arrest, he has come forward with the present application for anticipatory bail. 4.The learned Additional Public Prosecutor would submit that the case has been registered against 6 persons and A1 is the owner of the vehicle, A2 and 3 are the brokers to transfer the PDS rice, A4 is the driver of the vehicle and A5 is the purchaser and on the basis of the confession statement given by A4, A5 has been implicated in this case and the value of the PDS Rice is Rs.1,58,160/- and the petitioner is the resident of Kerala and one previous case is also pending against the petitioner and hence, he prayed for the dismissal of the application. 5.I have considered the submissions made on either side and perused the materials available on record. 6.The alleged occurrence has been taken place on 04.06.2011 and the case has been registered against 6 persons for the offence under Sections https://hcservices.ecourts.gov.in/hcservices/ 6(4) of T.N.S.C.PDCS Order 1982 read with 7(1) a (ii) of E.C. Act of 1995, When the accused persons are transporting 13 Tonnes of PDS rice, the same has been seized and on the basis of the confession given by A4, the petitioner was arrayed as A5 and he is the purchase of PDS rice and one previous case has also ben pending against the petitioner. The rice meant for Public Distribution System for the persons, who are below the poverty line. The petitioner is the resident of Kerala. The offence committed by the petitioner is not against an individual and the same is against the Society. Even though, some others accused are enlarged on bail, the present petitioner is having one previous case and hence, I am inclined to grant anticipatory bail to the petitioner/A5 with stringent conditions. 7.Accordingly, the petitioner/A5 is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.III, Nagercoil, subject to the following stringent conditions:- (i) The petitioner shall deposit a sum of Rs.1,58,160/- (Rupees one lakh fifty thousand one hundred and sixty only) to the credit of Crime No.228 of 2011 before the learned Judicial Magistrate No.III, Nagercoil; (ii) On such deposit, he shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties, out of which one surety should be a government servant for a like sum to the satisfaction of the learned Judicial Magistrate No.III, Nagercoil, and (iii) The petitioner shall appear before the learned Judicial Magistrate No.III, Nagercoil, daily twice at 10.30 a.m. and 5.30 p.m. until further orders. (iv) The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 8. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 23/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1. THE JUDICIAL MAGISTRATE NO.III, NAGERCOIL. 2. -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI AT NAGERCOIL. 3. THE INSPECTOR OF POLICE, NAGERCOIL CIVIL SUPPLIES CID BRANCH, KANYAKUMARI. 4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. M.R.SREENIVASAN Advocate SR.No.32804 SR : 26.09.2011 : 2P/6C ORDER IN CRL OP(MD) No.12114 of 2011 Date :23/09/2011 https://hcservices.ecourts.gov.in/hcservices/