Sankar v. The Inspector Of Police

Crl.O.P.No.12726 of 2016 S.VAIDYANATHAN,J.

Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Section 6(4) of TNSC (RDCS) Order 1982 r/w 7(i)a(ii) of EC Act in Crime No.118 of 2016 on the file of the respondent police, the petitioner has come forward with this petition seeking anticipatory bail.

2.

Heard the learned counsel on either side.

3.

Learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. 4.

The case of the prosecution is that the petitioner was found in possession of 120 kgs of PDS rice in four bags each containing 30 kgs. illegally and the same was seized by the respondent police. 5.

Learned Government Advocate (Criminal Side) would submit that there is no previous case against the petitioner. 6.

Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, No.IV, Coimbatore, on condition that the petitioner executes a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends

S.VAIDYANATHAN,J.

kal to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

[a] the petitioner shall report before the respondent police for a period of two weeks and thereafter as and when required for interrogation; [b] the petitioner shall not tamper with evidence or witness either during investigation or trial; [c] the petitioner shall not abscond either during investigation or trial;

[d] 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].

20.06.2016 kal Crl.O.P.No.12726 of 2016