Jayanthi v. The State Rep. By

C.V.KARTHIKEYAN, J.

The petitioners / A4 and A5 who apprehend arrest at the hands of the respondent police for the offences punishable under Section 6(4) of TNSC (RDCS) order 1982 r/w 7(1) a (ii) of EC Act 1958 in Crime No.121 of 2023, seek anticipatory bail.

2.A4 has filed Crl.O.P.No.3061 of 2024 and A5 has filed Crl.O.P.No.2949 of 2024.

3.It is sated that the respondent had seized 4000 Kgs of PDS rice from the godown of A1. It is stated that A4 is an employee of A1 and A5 is the owner of the godown. A1 and A2 had been arrested and granted bail. A3 had also been arrested and it is stated by the learned Government Advocate (Crl. Side) that he had been detained under the Tamil Nadu Act 14, 1982. But however, it stated by the learned counsel for the petitioners that he had been granted bail.

4.Taking all the factors into consideration this Court is not inclined to grant anticipatory bail to A5 / petitioner in Crl.O.P.No.2949 of 2024 since he is the owner of the godown and this petition stands 1/4

dismissed as against A5. This Court is inclined to grant anticipatory bail to A4 / petitioner in Crl.O.P.No.3061 of 2024 since she is an employee of A1, but however, directing her to deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) to the credit of Crime No.121 of 2023 before the Judicial Magistrate - IV, Vellore and on such deposit, the learned Judicial Magistrate - IV, Vellore may hand over the said amount to the responsible officer of the Government General Hospital at Ranipet. 5.Accordingly, the petitioner/A4 is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate - IV, Vellore, on condition that the petitioner shall execute a bond for a sum of Rs.

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[a] the petitioner/A4 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/A4 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 petitioner / A4 shall not tamper with evidence or witness either during investigation or trial. [d] the petitioner / A4 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 / A4 in accordance with law as if the conditions have been imposed and the petitioner / A4 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.

23.02.2024 smv 3/4

C.V.KARTHIKEYAN , J.

smv Crl.O.P.Nos.3061 & 2949 of 2024 23.02.2024 4/4