Manivannan v. Inspector Of Police
A.D.JAGADISH CHANDIRA, J.
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 6(4) of the Tamil Nadu Scheduled Commodities (RDCS) Order 1982 and 7(1)(a)(ii) of Essential Commodities Act 1955 in Crime No.183 of 2022, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner along with other accused persons were found in illegal transportation of 4800 kgs of PDS rice. Hence, the complaint.
3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case and he is no way connected with the alleged offence. He would also submit that without prejudice, the petitioner is prepared to deposit a sum of Rs.50,000/- to any welfare scheme of the Government and he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) submitted that the petitioner along with other accused persons were found in illegal transportation of 4800 Kgs of PDS rice. He would also submit that the petitioner has no previous case against him. However, he vehemently opposed to grant anticipatory bail to the petitioner. 5.Merely, because the petitioner has deposited the said amount, it would not amount to admission of their guilt. Therefore, it is open to the trial Court to deal with the case independently. 6.Taking into consideration the facts of the case and the submissions made by the learned counsel and also taking note of the fact that the petitioner has prepared to deposit Rs.50,000/- to any welfare scheme of the Government, this Court is inclined to grant bail to the petitioner with certain conditions.
7.Accordingly, the petitioner is directed to make a non refundable deposit of Rs.50,000/- (Rupees Fifty Thousand only) by way of Demand Draft/RTGS/NEFT to the credit of the District Revenue Officer, Krishnagiri District without prejudice to their rights and contentions before the trial 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.I, Krishnagiri District, on condition that the petitioner shall execute a bond for a sum of Rs.
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;
02.06.2023 drl
A.D.JAGADISH CHANDIRA, J.
drl 02.06.2023