Ponnappan v. Inspector Of Police
Crl.O.P.Nos.2965 and 2484 of 2024 C.V.KARTHIKEYAN,J.
The petitioner/A4 has filed Crl.OP.No.2965 of 2024 and the petitioner in Crl.OP.No.2484 of 2024 both in Crime No.233 of 2023 registered by the respondent police for the offences punishable under Sections6(4) of TNSC(RDCS) Order 1982 r/w 7(i) a (ii) of E.C.Act, 1955 seek anticipatory bail .
2. It is the case of the prosecution that on 25.12.2023, the respondent found 1750 kgs of PDS rice being transported in a vehicle bearing Regn.No.TN-24-7354 and another motorcyle bearing Regn.No.TN-24-AR-926. The first accused is the collector of rice from various shops and the fourth accused is the owner of the rice. It is stated that A2 and A3 had been arrested and granted bail. Counter had been filed on behalf of the respondent, wherein, it is stated that there is one previous case against A1. It is also stated that the rice which had been 1/4
seized had been procured from the Tamil Nadu Civil Supply Corporation Limited, Krishnagiri. The statement of the witnesses has also been examined.
3. Taking all factors into consideration, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions:
4. Accordingly, the petitioners shall make a non-refundable deposit of Rs.10,000/- each to the credit of The Dean, Government General Hospital, Krishnagiri 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-I, Krishnagiri on condition that each of the petitioners shall execute separate bonds 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 2/4
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.until further orders.
[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.
20.02.2024 3/4
Vv C.V.KARTHIKEYAN,J.
Vv Crl.O.P.Nos.2965 and 2484 of 2024 20.02.2024 4/4