Muniyan v. The State Rep By

C.V.KARTHIKEYAN,J.

The petitioners/A3 to A5 seek anticipatory bail in Crime No.181 of 2023 registered by the respondent police for the offence punishable under Section 6(4), TNSC (RDCS) Order, 1982, 7(1)(a)(ii) of E.C.Act, 1958.

2. It is stated that the petitioners are drivers and labourers who helped in loading 2200 kgs of PDS Rice and in driving the vehicle bearing Regn.No.AP-03-X-8816. A1 and A2 had been arrested and remanded to judicial custody.

3. Taking into consideration that the petitioners are drivers/labourers as distinguished from A1 and A2 who are the owners of PDS rice, this Court is inclined to grant anticipatory bail to the petitioners.

5. Accordingly, each of the petitioners shall deposit a sum of Rs.10,000/-[Rupees Ten 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., for a period of two weeks and thereafter as and when required for interrogation.

[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.

18.01.2024 Vv

C.V.KARTHIKEYAN,J.

Vv 18.01.2024