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Madras High CourtCRL OP/360/2024granted

Ranjith @ Sadique Ahmed v. The State Rep. By

2024-01-31Honourable Mr Justice C.V. Karthikeyan4 pages

C.V.KARTHIKEYAN,J.

The petitioners/A2 and A3, who apprehend arrest for the alleged offences punishable under Sections 6 (4) of TNSC (RDCS) order 1982 r/w 7 (1)(a)(ii) of EC Act, 1958, in Crime No.107 of 2023, on the file of the respondent police, seek anticipatory bail. 2.The learned counsel for the petitioners stated that the petitioners are innocent persons and they have been falsely implicated in the case. Thus, he seeks anticipatory bail to the petitioners.

3. It is stated by the learned Government Advocate (Crl.side) appearing on behalf of the respondent that on 22.08.2023, the respondent found that, in a vehicle bearing registration No.TN 25 X 0533, 6,500 Kgs of PDS rice was being transported from Pathiyapalli to V.Kotta. Later, the driver of the vehicle had been arrested. The first petitioner is the owner of the vehicle. The second petitioner is the owner of the PDS rice.

4. The third petitioner/driver had been taken into custody and the significant change in circumstances from the date of dismissal of the

previous applications seeking anticipatory bail is that A1 had been granted bail.

5. Taking all the factors into consideration, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, each of the petitioners shall deposit a sum of Rs.20,000/-[Rupees Twenty Thousand Only] to the credit of the Dean, Government General Hospital & Medical College, Vellore, for treatment of needy patients and on such deposit and the production of proof, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate-IV, Vellore, Vellore District on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioners 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.

[b] the petitioners shall report before the respondent police everyday at 10.30 a.m., until further orders. [c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners shall not abscond either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

31.01.2024 Vv C.V.KARTHIKEYAN,J.

Vv 31.01.2024