Thamarai Selvan v. The State Rep. By

C.V.KARTHIKEYAN, J.

The petitioner/A5, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 6(4) of TNSC (RDCS) order 1982 r/w Section 7(1)a(ii) of Essential Commodities Act, 1958 in Crime No.121 of 2023, seeks anticipatory bail.

2.It is stated that the respondent had seized 4000 Kgs of PDS rice from the godown of A1. It is stated that A4 is an employee of A1 and A5 is the owner of the godown. A1, A2 and A3 had been arrested and granted bail.

3.This is the second anticipatory bail petition. Earlier petition seeking anticipatory bail was dismissed on 23.02.2024 in Crl.O.P.No.2949 of 2024.

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4.Taking all the factors into consideration, this Court is inclined to grant anticipatory bail to the petitioner, but however, directing the petitioner to deposit an amount of Rs.50,000/- (Rupees Fifty Thousand only) as non refundable deposit to the credit of Crime No.121 of 2023 before the learned Judicial Magistrate - IV, Vellore. The said amount may be handed over by the leanred Judicial Magistrate - IV, Vellore, to the Chief Medical Officer, Government General Hospital, Ranipet District, for the treatment of needy patients.

5.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 - IV, Vellore, 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: 2/4

[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 daily 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 absconds, a fresh FIR can be registered under Section 229A IPC.

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C.V.KARTHIKEYAN , J.

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