Dhina @ Dhinakaran @ Jiani Dhinakaran v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Ninth day of April Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.8084 of 2021 DHINA @ DHINAKARAN @ JIANI DHINAKARAN [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CSCID, CHENNAI CR NO.105/2021 For Petitioner : M/S.T.MURUGANANTHAM Advocate For Respondent : MR. T.SHUNMUGARAJESWARAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences under Section 6(4) of TNSC Act ( R and D) Order 1982, r/w 7(1) a (ii) of E.C Act Act, 1955 in Crime No.105 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and other accused had illegally transported 60 bags of PDS rice each containing 50 kgs by using a lorry bearing Registration No.TN 09 R 9095 to Andhra for sale at a higher price. Hence the complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution. However, on instructions, he would further submit that the petitioner is ready to deposit a sum of Rs.50,000/- to the Dean, Government Medical College Hospital, Thiruvallur, as ordered by this Court. Hence, he sought for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl. Side) appearing for the respondent submitted that the petitioner/A2 along with other accused persons were caught by the respondent police when they were transporting the PDS rice. The respondent Police seized the materials. He further submitted that the similarly placed coaccused have been enlarged on bail.

5. Taking into consideration the facts and circumstances of the case and the fact that the similarly placed co-accused were already released on bail and the petitioner is ready to deposit any amount to the District Medical Officer, Government Hospital, Thiruvallur, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is directed to pay a sum of Rs.50,000/- (Rupees Fifty Thousand only) either through RTGS/NEFT/Cash/Demand Draft in favour of "The Dean, Government Medical College Hospital, Thiruvallur" for the purpose treating COVID-19 patients and produce the proof of such payment to the concerned Judicial Magistrate and on such deposit, 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 of receipt of a copy of this order, before the learned Judicial Magistrate No.I, 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 and on further condition that:

(a) the petitioner and 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 deposit a sum of Rs.50,000/- (Rupees Fifty Thousand Only) either through RTGS/NEFT/Cash/Demand Draft in favour of "The Dean, Government Medical College Hospital, Thiruvallur" for the purpose treating COVID-19 patients and produce the proof of such payment to the concerned Judicial Magistrate. (c) the petitioner shall report before the respondent police, daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required for interrogation;

(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]; and; (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 29/04/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE NO.I, THIRUVALLUR.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR. (FOR INFORMATION) 3 THE INSPECTOR OF POLICE, CSCID, CHENNAI 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE DEAN, GOVERNMENT MEDICAL COLLEGE HOSPITAL, THIRUVALLUR.

+1 CC to M/S.T.MURUGANANTHAM Advocate on payment of necessary charges SR.No. 5591 CRL OP.8084/2021 Date :29/04/2021 RG.12.05.2021