Karunakaran v. State By

G.K.ILANTHIRAIYAN, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 6(4) of TNSC (RDCS) Order, 1982 r/w 7(i) a (ii) of the E.C Act, 1955, in Crime No.90 of 2022, seek anticipatory bail.

2. The case of the prosecution is that the petitioners were found in possession of 7500 Kgs of PDS rice. Hence the case.

3. The learned counsel appearing for the petitioners would submit that the petitioners have been falsely implicated in this case and they are no way connected with the alleged offence. Hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.side) submitted that the petitioners were found in possession of 7500 Kgs of PDS rice. He

further submitted that there is no previous case pending against the petitioners. However, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners shall jointly donate 20 bags of Ponni Rice (each 50 kgs) and 4 bags of toor dal (each 25 kgs) to Sneha Special Home For Children Pannapalli Village, Nachikuppam (PO), Veppanapalli Via, Krishnagiri (Dt) Ph. 9448058060, and on such donation, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.1, Krishnagiri, on condition that each of the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two blood related 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 petitioners 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 petitioners shall jointly donate 20 bags of Ponni Rice (each 50 kgs) and 4 bags of toor dal (each 25 kgs) to Sneha Special Home For Children Pannapalli Village, Nachikuppam (PO), Veppanapalli Via, Krishnagiri (Dt) Ph. 9448058060, and the receipt of such donation shall be produced before the concerned learned Magistrate at the time of execution of bond.

[c] the petitioners shall stay at Ariyalur and report before Inspector of Police, Ariyalur Police Station daily at 10.30 a.m. and 5.30 p.m. for a period of two weeks and thereafter 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 petitioners shall not tamper with evidence or witness either during investigation or trial;

[e] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 abscond, a fresh FIR can be registered under Section 229-A IPC.

05.07.2022 mpl

G.K.ILANTHIRAIYAN,J.

mpl 05.07.2022