Kanthaswamy v. State Rep By

K.KUMARESH BABU, J.

The petitioner herein seeks anticipatory bail in Crime No.117 of 2024 registered by the respondent Police for the offences under Sections 6(4), 7(1)(a)(ii) of TN Scheduled Commodities (RDCS), Order, 1982 and Essential Commodities Act, 1955.

2. The learned counsel for the petitioner stated that the petitioner is an innocent person and he has been falsely implicated in Crime No. 117 of 2024 registered by the respondent Police for the offences under Sections6(4), 7(1)(a)(ii) of TN Scheduled Commodities (RDCS), Order, 1982 and Essential Commodities Act, 1955.. Thus, he seeks anticipatory bail to the petitioner.

3. It is stated by the learned Government Advocate (Crl.Side) that the respondent had recovered 750 kgs of PDS rice from the accused without any permission or licence. He further submitted that there is no previous case against the petitioner.

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4. Taking into consideration of all the factors, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 5.Accordingly, the petitioner is directed make a payment of Rs.10,000/- (Rupees Ten Thousand Only) by way of Demand Draft/RTGS/NEFT as a non-refundable deposit to the credit of "District Legal Services Authority, Namakkal " without prejudice to his rights and contentions before the trail Court and 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-II, Namakkal, on condition that the petitioner shall execute a bond for a sum of Rs.

[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. 2/4

[b] the petitioner shall report before the respondent police daily at 10.00.a.m., for a period of two weeks and thereafter, as and when required for interrogation;

[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;

09.05.2024 vsn 3/4

K.KUMARESH BABU, J.

vsn 09.05.2024 4/4