D Sudhakaran M Arivazhagan v. The State Rep By Its,
K.GOVINDARAJAN THILAKAVADI , J.
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 6(4) of Tamil Nadu Scheduled Commodities (RDCS) order 1982 read with Section 7(1)(a)(ii) of Essential Commodities Act, 1955 in Crime No.60 of 2023, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 29.04.2023, based on secret information, the respondent police went to scene of occurrence , where the petitioner along with other accused was found to be in possession of 100Kgs of PDS toor dal . Hence the complaint.
3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in the case. However, on instructions he would submit that without prejudice to his rights and defence, the petitioner is ready to
deposit a substantial amount to any charitable organisation as may be directed by this Court and he prayed to grant anticipatory bail to the petitioner.
4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner along with other accused was found to be in possession of 100 Kgs of PDS toor dal. Hence, he opposed to grant anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. In order to curb the illegal activities of transporting PDS rice, this Court is of the opinion that the petitioner shall be directed to deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) as nonrefundable deposit to "Charu Home for Aged" Account Number: 2771201000291, IFSC Code : CNRB0002771, Canara Bank, Mahila Branch, T.Nagar, Chennai-17 without prejudice to his rights and contentions before the trial Court. 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.
7. Taking into consideration the facts and the submissions of both sides, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
8. Accordingly, the petitioner shall deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) by way of Demand Draft/RTGS/NEFT as a non-refundable deposit to the credit of "Charu Home for Aged" Account Number: 2771201000291, IFSC Code : CNRB0002771, Canara Bank, Mahila Branch, T.Nagar, Chennai-17 without prejudice to his rights and contentions before the trail 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.4, Vellore, 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 deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) as a non-refundable deposit to the credit of "Charu Home for Aged" Account Number: 2771201000291, IFSC Code : CNRB0002771, Canara Bank, Mahila Branch, T.Nagar, Chennai-17 and the receipt of the same 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.
10.05.2023 nti/nr
K.GOVINDARAJAN THILAKAVADI , J.
nti/nr 10.05.2023