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Suresh @ Sureshkumar v. The Inspector of Police

Madras HC1 Apr 2021CRL OP(MD)/4848/2021

Case brief

AI extract

What is this about?

In an anticipatory bail petition, the Madurai Bench of Madras High Court granted bail to an accused charged with illegal possession of PDS rice. The court imposed multiple conditions, including contribution of seized rice to a temple trust.

What did the court decide?

Petitioner ordered to be released on bail subject to conditions including execution of bond, contribution of 20 bags of rice to the specified temple, daily reporting, and prohibition of absconding or

Suresh @ Sureshkumar Vs The Inspector of Police — Bail and Remand | Madras HC (2021)

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CRL OP(MD). No.4848 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Criminal Jurisdiction )

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Date : 01/04/2021

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PRESENT

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The Hon`ble Mr.Justice M.NIRMAL KUMAR

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CRL OP(MD). No.4848 of 2021

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Suresh @ Sureshkumar ... Petitioner/Accused (Rank Not Known)

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The State rep.by The Inspector of Police, Civil Supplies C.I.D., Madurai Crime No.45/2021. ... Respondent/Complainant For Petitioner : Mr.T.Lenin Kumar, Advocate. For Respondent : Mr.R.Srinivasan, Government Advocate (Crl.Side)

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

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PRAYER :-

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For Anticipatory Bail in Crime no. 45 of 2021 on the file of the respondent Police.

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ORDER : The Court made the following order :-

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The petitioner/accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 6 (4) TNSC (RDCS) Order 1982 r/w Section 7(1) (a)(ii) of Essential Commodities Act, 1955 seeks anticipatory bail.

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2.The case of the prosecution is that the petitioner was found in illegal possession of 60 bags containing 50kgs each of PDS rice.

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The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would also submit that the entire contraband was seized by the police.

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https://hcservices.ecourts.gov.in/hcservices/

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CRL OP(MD). No.4848 of 2021

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The learned Government Advocate (Crl. Side) appearing for the respondent police would submit that petitioner was found in illegal possession of 60 bags containing 50kgs each of PDS rice. He would also submit that the entire contraband was seized by the respondent police and no previous case is pending against the petitioner.

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Taking into consideration the facts and circumstances of the case and also taking note of the fact that the entire contraband was seized by the respondent police and no previous case is pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.III, Madurai 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

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(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;

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(b) the petitioner shall contribute 20 bags of branded ponni rice (Each containing 50kgs) to the Anbagam, Manavarlarchi Kundriyor Sirapupalli, Ramaond Reserve Line, Near Thamaraibthotti, Race Course Colony, Madurai without prejudice to his defence before the trial Court and on such contribution being made, the learned Magistrate shall accept the sureties furnished by the petitioner.

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(c)the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation.

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(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

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(d)the petitioner shall not abscond either during investigation or trial;

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(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 if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme https://hcservices.ecourts.gov.in/hcservices/ Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

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CRL OP(MD). No.4848 of 2021

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(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/-

01/04/2021

/ TRUE COPY /

/ /2021

Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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1.THE JUDICIAL MAGISTRATE NO.III, MADURAI.

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2.-DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

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3.THE INSPECTOR OF POLICE, CIVIL SUPPLIES C.I.D., MADURAI.

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4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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COPY TO:

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THE OFFICER INCHARGE, THE ANBAGAM, MANAVARLARCHI KUNDRIYOR SIRAPUPALLI, RAMAOND RESERVE LINE,

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NEAR THAMARAIBTHOTTI, RACE COURSE COLONY, MADURAI.

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+1 CC to Mr.T.LENIN KUMAR, Advocate ( SR-2895[I] dated 01/04/2021 )

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ORDER IN

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CRL OP(MD) No.4848 of 2021 Date :01/04/2021 IAS

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AE/JC/SAR-II (09/04/2021) 3P / 7C

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https://hcservices.ecourts.gov.in/hcservices/

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Suresh @ Sureshkumar v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Suresh @ Sureshkumar v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

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