Zahir @ Saheer v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Twentieth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.14122 of 2022 ZAHIR @ SAHEER [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, CIVIL SUPPLY CID, POLLACHI, COIMBATORE DISTRICT.
(CRIME NO.158/2022) For Petitioner : M/S W.CAMYLES GANDHI Advocate For Respondent : MR. V.J.PRIYADARSANA, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 6(4) of Tamil Nadu Scheduled Commodity (RDCS) Order, 1982 and r/w Section 7 (1)(a)(ii) of the Essential Commodities Act, 1955, in Crime No.158 of 2022, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner was found in possession of 2700 Kgs of PDS rice in his vehicle bearing No.TN 37 BP 4752. Hence the case.
3. The learned counsel appearing for the petitioner would submit that the petitioner has been falsely implicated in this case and he is no way connected with the alleged offence. Hence, he prays to grant anticipatory bail to the petitioner.
4. The learned Additional Public Prosecutor submitted that the petitioner was found in possession of 2700 Kgs of PDS rice. He would also submit that the petitioner has one previous case against him. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner shall donate 15 bags of Raw Rice (each 50 kgs) and 2 bags of toor dal (each 25 kgs) to Sharanalayam Children Home & Adoption Unit, 221/2A1, Sirphy Industrial Estate, Singarampalayam Pirivu, Kinathukadavu, Pollachi, Ph:9442574204, and on such donation, 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, Coimbatore, on condition that the petitioner shall execute a bond for a sum of Rs.
[b] the petitioner shall donate 15 bags of Raw Rice (each 50 kgs) and 2 bags of toor dal (each 25 kgs) to Sharanalayam Children Home & Adoption Unit, 221/2A1, Sirphy Industrial Estate, Singarampalayam Pirivu, Kinathukadavu, Pollachi, Ph:9442574204 and the receipt of such donation shall be produced before the concerned learned Magistrate at the time of execution of bond.
[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/- 20/06/2022 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.IV, COIMBATORE.
2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE. [FOR INFORMATION] 3 INSPECTOR OF POLICE, CIVIL SUPPLY CID, POLLACHI, COIMBATORE DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 SHARANALAYAM CHILDREN HOME & ADOPTION UNIT, 221/2A1, SIRPHY INDUSTRIAL ESTATE, SINGARAMPALAYAM PIRIVU, KINATHUKADAVU, POLLACHI, PH:9442574204 +1 CC to M/S W.CAMYLES GANDHI Advocate on payment of necessary charges SR.NO. 9542 CRL OP.14122/2022 Date :20/06/2022 RW-24/06/2022