T.Shanthi v. The State Rep By The

Crl.O.P.Nos.19111 & 19112 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioner, who apprehend arrest for the alleged offence under Sections 6(2), 6(3) of the Tamil Nadu Scheduled Commodities (RDCS) Otder, 1982 r/w. Section 7(1)(a)(ii) of Essential Commodities Act, 1955 in Crime Nos.61 & 64 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was found in illegal possession of 3,050 Kgs of PDS Rice and one bag, containing 50 Kgs of Sugar and 700 Kgs of Wheat in a fair price shop.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and she has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioner was found in illegal

possession of 3050 Kgs of PDS Rice and 3 tonnes of sugar. He further submitted that there are three previous cases similar nature pending against the petitioner. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

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5. Considering the facts and circumstances of this case, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:-

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate-I, Thiruvannamalai on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten 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 report before the respondent police daily at 10.30 a.m. and 5.30 p.m for a period of four weeks and thereafter as and when required for interrogation.

[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 abscond, a fresh FIR can be registered under Section 229A IPC.

12.08.2022 Anu

G.K.ILANTHIRAIYAN, J.

Anu Crl.O.P.Nos.19111 & 19112 of 2022 12.08.2022