Velsabari v. State Rep By

G.K.ILANTHIRAIYAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 6(4) of Tamil Nadu Scheduled Commodity (RDCS) r/w Section 7(i)(a)(ii) of Essential Commodities Act, 1955, in Crime No.145 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was found in illegal possession of 500 Kgs of PDS rice. Hence the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person. He would further submit that he 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 Government Advocate (Criminal side) appearing for the respondent would submit that the petitioner was found in illegal possession of 500 Kgs of PDS rice. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

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5. Considering the facts and circumstances of the case and also taking note of the fact that the property has been recovered, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner shall donate 5 bags containing 50 kgs of raw rice and 2 bags containing 25 kgs of Toor dhal to Sree Anbalayam, No.19, Shakthi Vinayagar Garden, Athamoattu Post, Coimbatore - 641010, Ph - 9894080496 and on such donation, the petitioner ia ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate-IV, Coimbatore, and on his executing a bond for a sum of Rs.

and 2 bags containing 25 kgs of Toor dhal to Sree Anbalayam, No.19, Shakthi Vinayagar Garden, Athamoattu Post, Coimbatore - 641010, Ph - 9894080496.

[c] the petitioner shall report before the respondent police daily Morning at 10.30 a.m., and Evening at 5.30 p.m, for a period of four 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.

18.07.2022 Lpp G.K.ILANTHIRAIYAN, J.

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Lpp 18.07.2022 4/4