Annadurai v. Inspector Of Police

C.V.KARTHIKEYAN,J.

The petitioner/A1, in Crime No.217 of 2023 registered by the Respondent Police for the offences punishable under Section 6(4) of the Tamil Nadu Schedule Commodities (Regulation of Distribution Through Card System) order, 1982 read with Section 7(1)(a)(ii) of the Essential Commodities Act, 1955, seeks anticipatory bail. 2.

The learned counsel for the Petitioner stated that the petitioner is innocent and had been falsely implicated in this case. Thus, he prays for grant of anticipatory bail to the petitioner herein. 3.

The learned Government Advocate (crl.side) stated that the petitioner is the owner of a BOLERO PICKUP vehicle bearing Registration No.KA 05 C 3573. It is stated that in the said vehicle, 2600 Kgs of PDS rice had been transported. The petitioner is the owner of the said rice. It is also stated that there are 4 previous cases against the

petitioner/A1.

4.

The earlier application seeking anticipatory bail was dismissed on 22.01.2024 in Crl.O.P.No.28306 of 2023. It is argued by the learned counsel for the petitioner that RC books does not reflect the name of the petitioner to establish that the petitioner is the owner of the said vehicle. But, however, taking into consideration the fact that there has been progress in the investigation, this Court is inclined to grant anticipatory bail to the petitioner, with a condition that the petitioner should deposit a a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the Government General Hospital at Krishnagiri for the treatment of needy patients.

5.

On such deposit being made and proof of the same be furnished, 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-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 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., 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].

C.V.KARTHIKEYAN,J.

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

25.04.2024 gsa Crl. O.P. No.2896 of 2024