The court has the discretion to grant anticipatory bail to an accused who apprehends arrest for a non-bailable offense, subject to certain conditions, including the deposit of a sum of money and the execution of a bond with sureties.

CRL.O.P(MD)No.706 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 11.01.2023

PRESENT

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA

CRL.O.P(MD)No.706 of 2023

Sundar

...Petitioner/Accused No.3

-vs-

State rep through

The Inspector of Police (CSCID) Madurai

Virudhunagar Police Station,

Virudhunagar District.

(in Cr.No.147 of 2022)

...Respondent/Complainant

PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

PRAYER: Criminal Original Petition filed under Section 438 of

Cr.P.C, praying to enlarge the petitioner on bail in the event of

his arrest by the respondent Police with respect to Cr.No. 147 of

2022.

For Petitioner

: Mr.M.Prabu,Advocate

For Respondent

: Mr.K.Sanjay Gandhi

Government Advocate (Crl.side)

****

O R D E R

The petitioner, who apprehends arrest at the hands of the

respondent Police for the offences punishable under Section 6(4) of

TN Scheduled Commodities (RDCS) Order 1982 & Section 7(1)(a)(ii) of

Essential Commodities Act, 1955, in Crime No.147 of 2022 on the file

of the respondent Police, seeks anticipatory bail.

2.The case of the prosecution, as per the de-facto complainant

is that the petitioner along with other accused were found in

possession of 1050 kgs of Essential Commodities Rice in 21 bags

worth Rs.34,650/-. Hence, the complaint

3.The learned Counsel for the petitioner would submit that the

petitioner is an innocent and he has been falsely implicated in this

1/3

https://www.mhc.tn.gov.in/judis

CRL.O.P(MD)No.706 of 2023

case based on the confession recorded from the other accused. He

would also submit that the arrested accused have been released on

bail and contraband was recovered. He would further submit that the

petitioner is ready to deposit Rs.25,000/- to the credit of District

Revenue Officer without prejudice to his rights and contentions.

4.The learned Government Advocate (Crl.side) would submit that

the accused in this case were found in possession of 25 bags of

Essential Commodities Rice with vehicle bearing Reg.No.TN-69-AV-2405

TVS XL and each bag contains 50 kgs of Rice. He would also submit

that no previous case is pending against the petitioner. He would

oppose for grant of anticipatory bail to the petitioner.

5.Considering the facts and circumstances of the case, this

Court is inclined to grant anticipatory bail to the petitioners with

certain conditions.

6.Accordingly, the petitioner shall pay a sum of Rs.25,000/-

(Rupees Twenty Five Thousand only) to the District Revenue Officer,

Dindigul District, without prejudice to his rights and contentions

before the trial Court and produce the receipt/acknowledgement

before the learned Judicial Magistrate, No.I. Virudhunagar.

7.On production of such receipt, the petitioner is ordered to

be released on bail in the event of arrest or on his appearance,

within a period of fifteen days from the date of receipt of a copy

of this order, before the learned Judicial Magistrate, No.I,

Virudhunagar, on condition that the petitioner 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 learned

Magistrate concerned and on further conditions that:

[a] the petitioner and the sureties shall affix their

photographs and Left Thumb Impression in the surety bond and the

Magistrate may obtain a copy of their Aadhar card or Bank pass Book

to ensure their identity.

[b] the petitioner shall report before the respondent police

everyday at 10.30 a.m., for a period of two weeks and thereafter,

every Saturday at 10.30 am until further orders.

[c] the petitioner shall not tamper with evidence or witness

either during investigation or trial.

[d the petitioner shall not abscond either during investigation

or trial.

[e] On breach of any of the aforesaid conditions, the learned

Magistrate/Trial Court is entitled to take appropriate action

against the petitioner in accordance with law as