M.K.Sibu @ Shihab v. State Rep By

C.V.KARTHIKEYAN , J.

The petitioner seeks anticipatory bail in Crime No.330 of 2022 registered by the respondent Police for the offences punishable under Sections 6(4) of TN Scheduled Commodities (RDCS) order 1982 r/w 7(1)(a)(ii) of Essential Commodities Act, 1955.

2. It is stated that on 06.12.2023, from the rented house of the petitioner herein, the respondent had seized 4,650 kgs of PDS Rice, 350 kgs of Wheat and 20 Kgs of Dhal. The compliant had been registered in the year 2022 and the petitioner is still evading arrest. 3.On the side of the respondent, it is stated that the petitioner is a resident of Kerala and therefore, it would be extremely difficult for the respondent to secure him.

4. The earlier application seeking anticipatory bail was dismissed on 21.11.2023 in Crl.O.P.No.26381 of 2023.

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5. A status report had been filed by the respondent, wherein it had been stated that the seized rice had been sent to the Regional Laboratory, Anna Nagar and the Laboratory result is awaited.

6. The petitioner had been filed a memo giving details of his brother who stands as surety. It may also be verified by the respondent.

7. However, taking all the other factors into consideration, this Court is inclined to grant anticipatory bail to the petitioner, but however, directing the petitioner to deposit an amount of Rs.50,000/- (Rupees Fifty Thousand only) as non refundable deposit to the credit of Crime No.330 of 2022 before the learned Judicial Magistrate No.4, Coimbatore. The said amount may be handed over by the learned Judicial Magistrate No.4, Coimbatore to the Dean, Government Medical College and Hospital, Coimbatore, for treating the needy patients.

8. 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 2/5

date on which the order copy made ready, before the learned Judicial Magistrate No.4, Coimbatore, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties(one surety must be a blood relative of the petitioner) 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 everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation. [c] A memo, had been filed and a copy of the same may be filed before the learned Judicial Magistrate No.4, Coimbatore, who may independently verify the sureties. [d] the petitioner shall not tamper with evidence or witness 3/5

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 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].

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

14.03.2024 C.V.KARTHIKEYAN , J.

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