M.Wilson v. State Rep By Its Inspector Of Police

T.V.THAMILSELVI,J.

The petitioner, who apprehends 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 E.C.Act, 1955 in Crime No.29 of 2023, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner was found in illegal possession of 8 bags (400 Kilograms) of PDS rice in a vehicle bearing Registration No.TN-23-CS-7407. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. However, on instructions, the learned counsel submitted that the petitioner, on his own volition, is ready and willing to contribute a sum of Rs.5,000/- to the credit of the Registered Advocates Clerks Association, Vellore, that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner. Page No. 1 of 4

4.The learned Government Advocate (Crl.Side) would submit that the petitioner was found in illegal possession of 400 Kilograms of PDS rice in a vehicle bearing Registration No.TN-23-CS-7407. He would also submit that there is no previous case similar in nature is pending against the petitioner. However, he opposed for grant of anticipatory bail to the petitioner.

5.Considering the facts and circumstances of the case and also considering the fact that there is no previous case similar in nature is pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.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 date on which the order copy made ready, before the learned Judicial Magistrate No.IV, Vellore, Vellore District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction Page No. 2 of 4

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 shall deposit a sum of Rs.5,000/- (Rupees Five Thousand Only) to the credit of the Registered Advocates Clerks Association, Vellore, within a period of two weeks from the date of receipt of a copy of this order and shall produce the said receipt before the Court below; [b] 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;

[c] the petitioner shall report before the respondent Police on every Wednesday at 10.30a.m. for a period of six weeks;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] the petitioner shall not abscond either during investigation or trial;

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T.V.THAMILSELVI,J.

sp [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. 27.02.2023 sp Page No. 4 of 4