Venkatesan v. The State Rep.By

C.V.KARTHIKEYAN , J.

The petitioner/A2 seeks anticipatory bail in Crime No.18 of 2024 registered by the respondent Police for the offences under Sections 6(4) TNS (RCDS) Order 1982 r/w 7(i)(a) and (ii) of EC Act 1955. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal side).

3.Learned counsel for the petitioner stated that he is innocent and falsely implicated in this case. Thus, he prays for grant of anticipatory bail to the petitioner.

4.Learned Government Advocate (Crl. Side) stated that the petitioner along with other accused had illegaly transported 1680 kgs of PDS rice in a lorry bearing Registration No.TN 30 AW 7985. A1 had been arrested and subsequently released on bail. However, he prays for dismissal of the petition.

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5.Taking into consideration of all the factors, anticipatory bail is granted 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 I, Kallakurichi, 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 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 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 10.00 a.m., for a period of two weeks and thereafter, as and when required for interrogation.

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[c] the petitioner should deposit a sum of Rs.15,000/- to the credit of the Crime No.18 of 2024. On such deposit, learned Judicial Magistrate I, Kallakurichi may handover it to a responsible officer of Government Hospital, Kallakurichi for the treatment of the needy patients.

[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;

[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;

08.03.2024 gd 3/4

C.V.KARTHIKEYAN , J.

gd 08.03.2024 4/4