Sarathkumar v. State .By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.02.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Sarathkumar

...Petitioner

Vs.

State represented by The Inspector of Police, CSCID Police Station, Krishnagiri District.

(Crime No.10 of 2024)

...Respondent

PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.10 of 2024 on the file of the respondent Police.

For petitioner : Mr.P.M.Jayachandran For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side)

ORDER

The petitioner who was arrested and remanded to judicial custody on 23.01.2024 registered by the respondent Police for the offences under 1/4

Sections 6(4) of TNSC (RDCS) Order 1982 r/w 7(i)a(ii) of EC Act, 1955 in Crime No.10 of 2024, seeks bail.

2.The petitioner had transported 800 kgs of PDS rice in Bolero pickup van bearing registration No.TN 81 F 3942 without any legal permission.

3.It is stated by the learned Government Advocate (crl.side) that A2 is still absconding. There are two previous cases against the petitioner.

4.Taking all the factors into consideration and the period of incarceration, this Court is inclined to grant bail to the petitioner subject to the following conditions:

5. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Krishnagiri and on further conditions that :- [a] 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 2/4

Bank pass Book to ensure their identity.

[b] the petitioner shall report before the respondent Police, everyday at 10.30 a.m., until further orders. [c] It is made clear that grant of bail to the petitioner should not be cited as a precedent by A2 before any Court.

[d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall not tamper with evidence or witness 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 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

20.02.2024 vkr 3/4

C.V.KARTHIKEYAN.

J.

vkr To

1. The Judicial Magistrate No.I, Krishnagiri.

2. The Sub Jail, Krishnagiri.

3. The Inspector of Police, CSCID Police Station, Krishnagiri District.

4.The Public Prosecutor, High Court of Madras. 20.02.2024 4/4