Lokesh Kumar v. Inspector Of Police

C.V.KARTHIKEYAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 6(4) of TNSC ( RDCS) Order 1982 r/w 7(i) a(ii)of E.C. Act, 1955 in Crime No.200 of 2023, seeks anticipatory bail.

2. The learned counsel for the petitioner stated that some of the coaccused had been arrested and released on bail.

3. The learned Government Advocate submitted that on 30.10.2023 the respondent found that the petitioner was in possession of 600 kgs of PDS rice worth about Rs.3,390- without any valid permission or licence. It is further stated that the petitioner is a resident of Karnataka.

4. In view of these particular facts, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial

Magistrate No.I, Krishnagiri, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties( out of which one must be a blood related surety) 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[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. [b] 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.

[c] the petitioner shall make a non-refundable deposit of Rs.7,500/- (Rupees Seven Thousand and Five Hundred only) separately to the credit of the Dean, Government General Hospital, Dharmapuri District, for treatment of needy patients. Two weeks time is granted for deposit the said amount from the date of receipt of a copy of this order. [d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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

[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 have been imposed and the petitioner 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].

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

18.01.2024 smn

C.V.KARTHIKEYAN , J.

smn 18.01.2024