Petitioner challenged arrest and refusal of bail in a case concerning illegal transportation of PDS rice. The High Court dismissed the criminal original petition for bail, noting the petitioner was a habitual offender with antecedents.
No stay or bail granted to the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 05.10.2020
CORAM :
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA
CRL.O.P.No.15585 of 2020
Murugan ... Petitioner
Vs.
The State rep by Inspector of Police CSCID (Chennai) Krishnagiri Police Station Krishnagiri. ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.129 of 2019 on the file of the respondent police. For Petitioners : Mr.S.Sathyaraj For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side) O R D E R (The case has been heard through video conference)
The petitioner, who was arrested and remanded to judicial custody on 15.09.2020 for the offence punishable under Sections 6(4) of TNSC (RDCS) order 1982 read with section 7(i) a (ii) of Essential Commodities Act, 1955, in Crime No.129 of 2019, on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the petitioner was found illegally transporting 3100 kgs. of PDS rice.
3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. He would further submit that the petitioner has been suffering incarceration from 15.09.2020. Hence, he seeks for grant of bail to the petitioner.
4.The learned Government Advocate (Crl. Side) appearing for the respondent would vehemently oppose stating that the petitioner is a habitual offender involved in trading of PDS rice. He would further submit that the petitioner is the owner of the rice as well as the owner of the vehicle. He would further submit that the petitioner has https://hcservices.ecourts.gov.in/hcservices/ got two previous cases against him and the investigation is pending.
-sd/-
05/10/2020
This order, on being produced, be punctually observed and carried into execution by all concerned
TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104. TO 1 THE SUPERINTENDENT, CENTRAL PRISON, SALEM. 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS. 3 THE INSPECTOR OF POLICE, CSCID (CHENNAI) KRISHNAGIRI POLICE STATION, KRISHNAGIRI. CC to M/S.S.SATHYARAJ Advocate on payment of necessary charges CRL OP.15585/2020 Date :05/10/2020 cs 12/10/2020
1 issue framed by the court
Whether bail should be granted to the petitioner charged with offences under the Essential Commodities Act involving transportation of PDS rice.
1 provisions across 1 enactments
Murugan
The State rep by Inspector of Police CSCID (Chennai) Krishnagiri Police Station Krishnagiri
A.D.Jagadish Chandira
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
