1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Monday, the Fifth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.11605 of 2011 1 V. AJAY 2 J. PRAKASH :PETITIONERS / ACCUSED (RANK NOT KNOWN) -Vs- THE STATE REP. BY THE INSPECTOR OF POLICE, PULIYANGUDI POLICE STATION, TIRUNELVELI DISTRICT. :RESPONDENT / COMPLAINANT For Petitioner : M/S. T.LENIN KUMAR, Advocate For Respondent : MR.A.RAMAR, ADDITIONAL PUBLIC PROSECUTOR. PETITION FOR ANTICIPATORY BAIL Under Sec.438 Cr.P.C. ORDER:The Court Made the following order:- The petitioners/accused apprehend 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.385 of 2011 on the file of the respondent police and hence, seeks anticipatory bail. 2.The learned counsel for the petitioners would submit that the second petitioner is the owner of the Auto Reg.No.TN-76-U- 1843 and A2 is the driver and they were transporting PDS rice worth about Rs.3500/- and a case has been registered in Crime No.385 of 2011 and investigation is considerably over and they apprehend for arrest and hence, they come forward with this application and he prays for enlargement on anticipatory bail. 3.Refuting the same, the learned Additional Public Prosecutor submitted that investigation agency found the Auto with 500 kgs of PDS rice worth about Rs.3500/- and the case has been registered under section 102 of Cr.P.C and during the investigation only, they came to know A1 and A2 involved in the Commissioner of offence and hence, he prays for dismissal of this application. 4.Considering the rival submissions made by both sides, I am inclined to grant anticipatory bail to the petitioners on condition that the petitioners shall deposit each a sum of Rs.3,000/- (totally Rs.6000/-) to the credit of Crime No.385 of https://hcservices.ecourts.gov.in/hcservices/ 2 2011 on the file of the Judicial Magistrate, Sivagiri, and on receipt of the same, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Magistrate concerned and each of them executing 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 Magistrate concerned and on further condition that the petitioners shall report before the court concerned daily at 10.30 a.m. until further orders. 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/- 05/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO: 1.The Judicial Magistrate, Sivagiri, Tirunelveli District. 2.-Do- Thro' The Chief Judicial Magistrate, Tirunelveli. 3.The Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4.The Inspector of Police, Puliangudi Police Station, Tirunelveli District. +1. CC to M/S. T.LENIN KUMAR Advocate SR.No.29847. RP/07.09.2011/2P/6C. ORDER IN CRL OP(MD) No.11605/11 Date :05/09/2011. https://hcservices.ecourts.gov.in/hcservices/