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Madras High CourtCRL OP/1894/2025granted

Manokar v. State Rep By

2025-01-28Honourable Mr Justice A.D.Jagadish Chandira4 pages

CRL OP NO. 1894 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-01-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 1894 of 2025 MANOKAR S/o. Kuppusamy, D.No.26b/17, Thiyagi Street, Coimbatore North, Coimbatore District Petitioner(s) Vs State Rep By The Inspector of Police, CSCID, Pollachi, Coimbatore District. Crime No.23 of 2025.

Respondent(s) For Petitioner(s):

R.Parthiban P. Narayana Prasadh P.Vignesh For Respondent(s):

S.Santhosh Government Advocate (criminal Side),madras High Court.

ORDER

Apprehending arrest in connection with Crime No.23 of 2025 registered for the offences punishable under Sections 6(4) of TN Scheduled Commodities (RDCS) Order, 1982 and 7(1)(a)(ii) of Essential Commodities Act, 1955, the present petition has been filed seeking anticipatory bail.

2. Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. He also submits that the petitioner has no previous cases against him and without prejudice to the defence and contention, he is ready and willing to deposit a sum of Rs.15,000/- as nonrefundable deposit to any welfare scheme of the Government or any organization.

3. The case of the prosecution as putforth by the learned Government Advocate (Crl. Side) appearing for the respondent Police, opposing for grant of anticipatory bail, is that the petitioner, along with other accused, was involved in the illegal transportation of 3,500 kgs of PDS rice, worth about Rs.20,000/-. He would submit that the petitioner has no previous cases pending against him.

4. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record.

5. On considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.15,000/- as non refundable deposit to "The District Revenue Officer, Coimbatore", without prejudice to his rights and contentions before the trial Court.

6.Merely because the petitioner deposits the said amount, it would not amount to admission of his guilt. Therefore, it is open to the trial Court to deal with the case independently. 7.Taking into consideration the facts of the case and the submission that the petitioner has no bad antecedents, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is directed to make a non-refundable deposit of Rs.

15,000/- (Rupees Fifteen Thousand only) directly to the credit of "The District Revenue Officer, Coimbatore", without prejudice to his rights and contentions before the trial Court, on such deposit and production of proof, 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 of receipt of a copy of this order, before the learned Judicial Magistrate No.IV, Coimbatore, on condition that the petitioner shall execute a bond for a sum of Rs.

[a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled; A.D.JAGADISH CHANDIRA, J.

[b] the petitioner shall report before the respondent police daily at 10.30

a.m for a period of two weeks, thereafter every Saturday at 10.30 am., until further orders;

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[d] the petitioner 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 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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

28-01-2025 Lpp To

1. State Rep By The Inspector of Police, CSCID, Pollachi, Coimbatore District.

Crime No.23 of 2025.

CRL OP NO. 1894 of 2025