Subramani @ Kundappa v. State Rep By

Crl.O.P.No.4177 of 2024 C.V.KARTHIKEYAN,J.

The petitioner/A5 in Cr.No.20 of 2024 registered by the respondent police for the alleged offences punishable under Sections 6

(4) of TNSC (RDCS) order 1982 r/w 7 (i)(a)(ii) of EC Act, 1955, seeks anticipatory bail.

2. It is stated that the respondent had seized 1350 kgs of PDS rice in TATA Sumo Vehicle bearing Regn.No.KA-35-M-7518. A2 and A3 had been arrested and granted bail. A1 and A4 are still absconding. This petitioner is the purchaser of the PDS rice.

3. Learned counsel for the petitioner stated that the petitioner is innocent of the offences.

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4. Taking all the surrounding factors into consideration, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:

5. Accordingly, the petitioner shall deposit a sum of Rs.15,000/- [Rupees Fifteen Thousand Only] 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 the petitioner shall execute a bond 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 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:

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[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., 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].

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

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C.V.KARTHIKEYAN,J.

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