Allowed

Pichandi v. State Rep by

Madras HC3 Feb 2022CRL OP/2409/2022

Case brief

AI extract

What is this about?

The Madras High Court examined a criminal original petition for anticipatory bail filed by a petitioner apprehended arrest for smuggling PDS rice. The Court inclined to grant bail, subject to conditions including execution of a bond and a directive to deposit a specified sum towards a charitable trust.

What did the court decide?

Petitioner released on bail in the event of arrest subject to conditions including depositing Rs.30,000 to Ramakrishna Mutt, reporting to police, and executing a bond with sureties.

Pichandi Vs State Rep by — Property and Title | Madras HC (2022)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED: 03.02.2022

¶3

CORAM:

¶4

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

¶5

Crl.O.P.No.2409 of 2022

¶6

Pichandi ...Petitioner

¶7

Vs.

¶8

The State Represented by The Inspector of Police, CSCID Thiruvannamalai Police Station, Thiruvannamalai District. (Crime No.13 of 2022) ...Respondent

¶9

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 concerned in crime No.13 of 2022, on the file of the respondent Police.

¶10

For Petitioner : Mr.S.Silambuselvan

¶11

For Respondent : Mr.A.Gokulakrishnan, Additional Public Prosecutor

¶12

ORDER

¶13

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 6(4) of TN Scheduled Commodities (RDCS) Order, 1982, r/w 7(1) (a) (ii) of Essential Commodities Act, 1955, in Crime No.13 of 2022, on the file of the respondent police, seeks anticipatory bail.

¶14

The case of the prosecution is that when the respondent police were carrying out their daily patrol relating to Essential Commodities Smuggling and hoarding, they found the petitioner along with other accused was involved in illegal transportation of 4,250 kgs of PDS rice. Hence, the respondent police registered the case against the petitioner.

¶15

The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, on instructions, the

¶16

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

¶17

learned counsel further submits that the petitioner, on his own volition, he is ready and willing to contribute a sum of Rs.30,000/to any Charitable Purpose as may be directed by this Court and he prays for grant of anticipatory bail to the petitioner.

¶18

The learned Additional Public Prosecutor appearing for the respondent opposed for granting anticipatory bail by stating that the petitioner along with other accused was involved in illegal transportation of 4,250 kgs of PDS rice. He further submits that the investigation is almost completed.

¶19

Considering the facts and circumstances of the case and also considering the submissions made by the both counsel and also the fact that the petitioner has willfully and on his own volition agreed to contribute a sum of Rs.30,000/- for charitable purpose, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

¶20

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, before the learned Judicial Magistrate No.I, Thiruvannamalai, 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 the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

¶21

[a] the petitioner is directed to deposit a sum of Rs.30,000/(Rupees thirty thousand only) to the Ramakrishna Mutt, Mylapore through Demand Draft, within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier and shall produce the said receipt before the Court below;

¶22

[b] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

¶23

[c] the petitioner shall report before the respondent police every Monday at 10.30 a.m., for a period of four weeks and thereafter as and when required for an interrogation;

¶24

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial;

¶25

[e] the petitioner shall not abscond either during investigation or trial;

¶26

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

¶27

[f] 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 has been imposed and the petitioner is released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

¶28

[g] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;

¶29

-sd/-

¶30

03/02/2022

¶31

This order, on being produced, be punctually observed and carried into execution by all concerned

¶32

TRUE COPY

¶33

Sub-Assistant Registrar (Statistics/C.S.)

¶34

High Court, Madras - 600 104.

¶35

¶36

1 THE JUDICIAL MAGISTRATE, NO.I, TIRUVANNAMALAI.

¶37

2 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI DISTRICT. [FOR INFORMATION]

¶38

3 THE INSPECTOR OF POLICE, CSCID TIRUVANNAMALAI POLICE STATION, TIRUVANNAMALAI DISTRICT.

¶39

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

¶40

5 THE OFFICER INCHARGE, THE RAMAKRISHNA MUTT, MYLAPORE.

¶41

+1 CC to M/S. S.SILAMBUSELVAN Advocate on payment of necessary charges SR.NO.1818

CRL OP.2409/2022

Date :03/02/2022

RW 14/02/2022

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

Pichandi v. State Rep by

Case brief

What is this about?

What did the court decide?

Pichandi v. State Rep by

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Esak Vs The Inspector of Police

Elangovan Vs State Rep by

Murali Vs State Rep by Its

Yamuna Rani Vs the State Rep by

C.Susil Kumar Vs State Rep by

Majithkhan Vs State Rep by