Petitioner sought anticipatory bail after police intercepted a lorry carrying PDS rice and implicated him as its owner based solely on the lorry driver's confession. Police investigation yielded no corroborating material. The court granted conditional anticipatory bail requiring daily reporting and cooperation with investigation.
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CRL OP(MD).No.8260 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 19.09.2024
PRESENT
The Hon`ble Mr.Justice B.PUGALENDHI
CRL OP(MD).No.8260 of 2024
Sahul @ Shahul Hameed M.
... Petitioner / 2nd Accused
Versus
The Sub Inspector of Police, Kuzhithurai Police Station, Kanyakumari District.
... Respondent/Complainant
For Petitioner: Mr.SC.Herold Singh, Advocate For Respondent : Mr.P.Kottaichamy, Government Advocate (Crl. Side)
PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS
PRAYER :-
For Anticipatory Bail in Crime No.84 of 2024 on the file of the Respondent Police.
ORDER : The Court made the following order :-
The petitioner, apprehending arrest at the hands of the respondent Police, in https://www.mhc.tn.gov.in/judis
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CRL OP(MD).No.8260 of 2024
connection with a case in Crime No.84 of 2024, for the offence under Section 6(4) of TN Scheduled Commodities (RDCS) Order, 1982 and Section 7(1)(a)(ii) of E.C.Act, has filed this petition seeking anticipatory bail.
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CRL OP(MD).No.8260 of 2024
owner of the PDS rice which has been recovered from the Lorry bearing Reg.No.KL57N 0877. But, the investigating agency has not collected any material other than the confession statement said to have been recorded from the driver of the lorry. The Investigating Agency has not even collected any call details of the driver of the lorry, Adharsh and owner of the vehicle, Karthikeyan and also not collected any material to show the nexus between A1 and A2 for the commission of this offence.
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CRL OP(MD).No.8260 of 2024
a rice godown. Even this fact has not been stated in the report filed by the respondent Police.
i) since the petitioner is hailing from Kerala, he shall execute a bond for a sum of Rs.1,00,000/-(Rupees one lakh only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.III, Nagercoil, Kanyakumari District. Out of the two sureties, one surety shall be a Government servant to ensure the petitioner's availability for the investigation and trial.
ii) the sureties shall file separate affidavits before the respondent Police that they will ensure that the petitioner will not involve in any further offence in future.
(iii) The petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. He has to co-operate for the investigation.
(iv) The petitioner shall not misuse the liberty granted to him by indulging in https://www.mhc.tn.gov.in/judis
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CRL OP(MD).No.8260 of 2024
any further offence and shall not tamper with the prosecution witnesses.
(v) On violation of any of the above conditions by the petitioner, the respondent
police shall move an application for cancellation of the anticipatory bail.
sd/19/09/2024 / TRUE COPY /
/ 09 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
OGY
TO
1 THE JUDICIAL MAGISTRATE NO.III, NAGERCOIL, KANYAKUMARI DISTRICT.
2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT.
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CRL OP(MD).No.8260 of 2024
ORDER IN CRL OP(MD) No.8260 of 2024 Date :19/09/2024
PSP/ JGB /SAR /23.09.2024/ 6P/ 5C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
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1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner accused of owning recovered PDS rice when investigation rests only on a co-accused's confession statement.
3 provisions across 3 enactments
Sahul @ Shahul Hameed M.
The Sub Inspector of Police, Kuzhithurai Police Station
B.PUGALENDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
