Kumar@Loganathan v. Inspector Of Police
A.D.JAGADISH CHANDIRA, J.
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 6(4) of the TN Scheduled Commodities (RDCS) Order, 1982 read with Section (7)(1)(a)(ii) of the Essential Commodities Act, 1955, in Crime No.59 of 2023, seeks anticipatory bail.
2. The case of the prosecution is that on 18.03.2023 based on the secret information received by the respondent police, they found that the petitioner along with the other persons were in the possession of 2500 Kgs of PDS rice worth about Rs.82,500/- in two vehicles viz., Hero Honda Passion Pro Two Wheeler bearing Reg.No.TN-20-CB-9336 and Mahindra Bolero Four Wheeler bearing Registration No.TN-20-BL-5540 (2500 Kgs of PDS rice in 50 bags each bag contains 50 Kgs of PDS rice), without obtaining any permission or license from the Tamil Nadu State Government. Based on the confession statement, the respondent police arrayed the petitioner as sixth accused. Hence the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence alleged by the prosecution. He would further submit that the petitioner is a sales man working in Sinthamani Co-operative Society Ration Shop and he has nothing to do with the alleged offence. He would further submit that the petitioner has no previous case pending against him. He would further submit that the petitioner is ready and willing to furnish sufficient sureties and to abide by any stringent condition that may be imposed on him. Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) for the respondent would that the petitioner along with the other accused were in possession of 2500 Kgs of PDS rice worth about Rs.82,500/-. 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. At this juncture, the learned counsel for the petitioner would submit that without prejudice to his contention and defence, the petitioner is ready and willing to deposit an amount of Rs.20,000/- to any Welfare Scheme of the Government.
6. Heard both sides and perused the materials available on record.
7. Taking into consideration the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) to "the District Revenue Officer, Tiruvallur District" without prejudice to his rights and contentions before the trial Court.
8. However, it is made clear that merely, because the petitioner deposits the said amount, it would not amount to admission of his guilt. Therefore, it is open to the trial Court to deal with the case independently.
9. Taking into consideration the facts and circumstances of the case and the submissions made by the counsel on either sides, this Court
is inclined to grant anticipatory bail to the petitioner with certain conditions.
10. Accordingly, the petitioner is directed to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) by way of Demand Draft/RTGS/NEFT to the "District Revenue Officer, Tiruvallur District", without prejudice to his 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 his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.1, Tiruvallur District, 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 every day at 10.30 a.m., until further orders.
[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 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].
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
05.04.2023 arb
A.D.JAGADISH CHANDIRA, J.
arb 05.04.2023