V.Rangarao v. The State, Rep By

C.V.KARTHIKEYAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 6(4) of Tamil Nadu Scheduled Commodities (RDCS) Order 1982 read with Sections 7(1)(a)(ii) of Essential Commodities Act, 1955 in Crime No.75 of 2020, seeks anticipatory bail.

2. The learned counsel for the petitioner stated that the petitioner has been arrayed as A2 in this case. He also stated that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.

3. The learned Government Advocate (Criminal Side) stated that on 17.03.2020, the petitioner and the other accused persons were found in possession of 2000 Kgs of PDS rice. He also stated that A1, who is the owner of the lorry had been arrested and granted bail. 1/5

3. Taking this fact into consideration that the incident had took place in the year 2020 and A1 had granted anticipatory bail, this Court is inclined to grant anticipatory bail to the petitioner, subject to the payment of Rs.20,000/- (Rupees Twenty thousand only) by the petitioner within a period of two weeks from the date of receipt of a copy of this order, to the credit of the Dean, Government General Hospital, Thiruvallur District.

4. 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 District Munsif cum Judicial Magistrate at Thiruvallur 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:

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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 appear before the respondent police daily at 10.30 a.m., until further orders. [c] the petitioner is directed to deposit a sum of Rs.20,000/- (Rupees Twenty thousand only) to the credit of " The Dean, Government General Hospital,Thiruvallur District." within a period of two weeks from the date of receipt of a copy of this order.

[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 3/5

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.

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C.V.KARTHIKEYAN , J.

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