1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Friday, the Twenty First day of October Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU CRL OP(MD) No.12572 of 2011 K.S.R. SELVARAJAN :PETITIONER / ACCUSED (RANK NOT KNOWN) -Vs- THE STATE REP. BY THE INSPECTOR OF POLICE, TIRUNAGAR POLICE STATION, MADURAI DISTRICT. CRIME NO.398/2011 :RESPONDENT / COMPLAINANT For Petitioner : M/S. T.LAJAPATHI ROY, Advocate For Respondent : MR.K.S.DURAIPANDIYAN, ADDITIONAL PUBLIC PROSECUTOR. PETITION FOR ANTICIPATORY BAIL Under Sec.438 Cr.P.C. ORDER:The Court Made the following order:- Apprehending arrest, at the hands of the respondent police, the petitioner, who is the accused in Crime No.398 of 2011 on the file of the respondent police for the alleged offence punishable under section 7(i)(a)(ii) of Essential Commodities Act and Fertilizer Order, has come forward with this petition seeking anticipatory bail. 2.According to the case of the prosecution, the petitioner is a fertilizer dealer. Having received the fertilizer on the subsidy price on the promise to sell the same to the farmers, the petitioner has sold away the same to the first accused, who is not a farmer. The subsidy amount comes to Rs.30,000/-. 3.The learned counsel for the petitioner has produced an affidavit of the petitioner, wherein, it is stated that he is prepared to deposit Rs.30,000/- before the lower court and further an undertaking that the said amount can be withdrawn by the de-facto complainant and appropriated to the Government Exchequer. 4.The learned counsel for the petitioner would submit that the petitioner is prepared to deposit the said amount and the same may be withdrawn by the de-facto complainant and appropriated to the Government Exchequer. The learned counsel for the petitioner further made an undertaking to the effect that the petitioner will not make any claim for the said amount in future. https://hcservices.ecourts.gov.in/hcservices/ 2 5.The said statement is recorded and the affidavit is also recorded. In view of the above undertaking made by the petitioner, I am inclined to grant anticipatory bail to the petitioner on condition that; i)In the event of arrest or on his appearance before the learned Judicial Magistrate No.6, Madurai, he shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that; ii)The petitioner shall deposit a sum of Rs.30,000/- (Rupees Thirty Thousand Only) before the learned Judicial Magistrate No.VI, Madurai; on such deposit, the de-facto complainant will be at liberty to withdraw the same from the credit of the learned Magistrate and to appropriate the same towards the Government Exchequer. iii)The petitioner shall report before the respondent police every day at 10.30 a.m. for a period of four weeks. iv)The petitioner shall comply with the condition stipulated under section 438 Cr.P.C scrupulously. sd/- 21/10/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO: 1.The Judicial Magistrate No:VI, 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, Tirunagar Police Station, Madurai District. +1CC to M/S. T.LAJAPATHI ROY Advocate SR.No.36889. RP/29.10.2011/2P/6C. ORDER IN CRL OP(MD) No.12572/11 Date :21/10/2011. https://hcservices.ecourts.gov.in/hcservices/