Kalaichelvi v. Sub Inspector Of Police
A.D.JAGADISH CHANDIRA, J.
The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 6(4) of the Tamil Nadu Scheduled Commodities [RDCS] Order, 1982 r/w Section (7)(1)(a)(ii) of the Essential Commodities Act, 1955, in Crime No.18 of 2023 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner along with six other accused have illegally transported 3,500 kgs of PDS Rice. Hence the complaint.
3. The learned Counsel for the petitioner would submit that the petitioner is an innocent person and she has been falsely implicated in this case. He would further submit that there is no previous case pending against the petitioner. He would further submit that without prejudice, the petitioner is prepared to deposit a sum of Rs.25,000/- as a non-refundable deposit to "the District Revenue Officer, Chennai District". Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) for the respondent would submit that the petitioner along with six other accused have illegally transported 3,500 kgs of PDS Rice. He would further submit that there is no previous case pending against the petitioner. However, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record including the FIR.
6. In order to curb the illegal activities of transporting PDS rice, the petitioner undertake to deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) as a non-refundable deposit to "the District Revenue Officer, Chennai District," without prejudice to her rights and contentions before the trial Court. However, it is made clear that merely, because the petitioner deposit the said amount, it would not amount to admission of their guilt. Therefore, it is open to the trial Court to deal with the case independently.
7. Taking into consideration the facts and the submissions of both
sides, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
8. Accordingly, the petitioner is directed to deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) by way of Demand Draft/RTGS/NEFT to the "District Revenue Officer, Chennai District", without prejudice to her rights and contentions before the trial Court, on such deposit and production of proof, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.VI, Egmore, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation.
[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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 abscond, a fresh FIR can be registered under Section 229A IPC.
09.03.2023 mpa A.D.JAGADISH CHANDIRA , J.
mpa 09.03.2023