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Judgment
G.Ilangovan, J
The Court made the following order:-
The petitioner, who is arrayed as A8 apprehending arrest at the hands of the respondent police for the offences punishable under sections 2(e)(v), 2(e)(vi), 2(e)(vii) of Motor Spirit & High Speed Diesel (Regulation of Supply and Distribution and Prevention of Malpractice) Order, 1998 and section 7(1)(a)(ii) of Essential Commodities Act, 1955, in Crime No.151 of 2021 on the file of the respondent police, seeks anticipatory bail .
2.The case of the prosecution is that on 22/11/2021, the accused persons stored 30,000 litres of adultery oil (oil like diesel) and transferred the same from one lorry to two other vehicles, which oil causes danger to the engine of the vehicles.
3.Heard both sides.
4.The earlier anticipatory bail applications, which were filed by the petitioner along with co-accused came to be dismissed by this court, taking into account that they are having bad antecedents, since they indulged in similar activities on the previous occasion also. But however, the learned counsel appearing for the petitioner would submit that the co-accused either released on bail or anticipatory bail by the trial court and he has also produced the copy of the order in the typed set of papers.
5.The learned Government Advocate (Criminal side) would submit that even though the petitioner is not having similar cases, but he is continuously indulged in such type of illegal activities.
6.But however, considering the fact that the co-accused has been granted either bail or anticipatory bill as the case may be and no purpose is going to be served subjecting the petitioner to custodial interrogation and no such request has not been made by the respondent police that custodial interrogation of the petitioner is very much required in this case and in view of the subsequent development, this court is inclined to enlarge the petitioner on anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.IV, Thoothukudi and on his executing 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 Judicial Magistrate concerned and on further condition that the petitioner shall appear before the respondent police once in 15 days at 10.00 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail will stand dismissed.