Ramesh @ Appu v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.05.2024

CORAM

THE HON'BLE MR. JUSTICE K. KUMARESH BABU Ramesh @ Appu

...Petitioner

Vs.

State by :- The Inspector of Police, CSCID Police Station, Krishnagiri District.

(Crime No.230 of 2023)

...Respondent

PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner pending investigation in Crime No.230 of 2023 on the file of the respondent police. For petitioner : Mr.P.M.Jayachandran For Respondent : Mr.S.Santhosh Government Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 02.04.2024 for the offence under Section 6(4) of TNSC (RDCS) Order 1982 r/w 7(i) a (ii) of E.C. Act 1955 in Crime No.230 of 2023, seeks bail.

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2. The petitioner herein found in possession of 800 kgs of PDS rice in a Maruthi vehicle bearing registration No.KA 03 ME 5217 with intention to transport it illegally without any proper permit. The petitioner was arrested on 02.04.2024.

3. The learned counsel for the petitioner stated that the petitioner is innocent and he has been falsely implicated in this case. Hence, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) for the respondent stated that the petitioner found in possession of 800 kgs of PDS rice with intention to transport it illegally. Hence, he vehemently opposed to grant bail to the petitioner.

5. Taking into consideration the facts and circumstances and the submissions made by the learned counsels, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail subject to the conditions that the petitioner shall execute a bond 2/5

for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Krishnagiri and on further conditions that :- [a] 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 on everyday at 10.30 a.m., until further orders; [c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness 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 3/5

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.

08.05.2024 rpl To 1.The Judicial Magistrate No.I, Krishnagiri.

2. The Sub Jail, Krishnagiri.

3.The Inspector of Police, CSCID Police Station, Krishnagiri District.

4.The Public Prosecutor, High Court of Madras. 4/5

K. KUMARESH BABU.

J.

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