Ragu v. The State Rep By

G.CHANDRASEKHARAN.

J.

The petitioner namely Ragu who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 6(4) of TNSC (RDCS) Order 1982 read with Section 7(i) a (ii) of the Essential Commodities Act, 1955 in Crime No.141 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The learned counsel for the petitioner submitted that, petitioner is innocent and he has been falsely implicated in a case registered for the offences under Sections 6(4) of TNSC (RDCS) Order 1982 read with Section 7(i) a (ii) of the Essential Commodities Act, 1955 in Crime No.141 of 2023. Apprehending arrest, this petition is filed.

3. In response, learned Government Advocate (Crl. Side) submitted that, on 03.07.2023 at about 18 hrs, near Elavur Bajar, petitioner was found in possession of 40 sacs of PDS rice worth about Rs.70,000/- without any valid permission in his vehicle bearing Reg.No.TN 04 AK 3463. Rice and the vehicle had been seized. He

further submitted that, there is no previous case pending against the petitioner.

4. Considering the nature, facts and circumstances of the case and the PDS rice and the vehicle were recovered and there is no similar previous case pending against the petitioner and that material part of the investigation might have been over by this time, this Court is inclined to grant anticipatory bail to the petitioner for the reason that custodial interrogation of the petitioner is not necessary.

5. Accordingly, petitioner is 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.I, Thiruvallur on condition that the petitioner shall execute separate 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 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] he petitioner shall deposit a sum of Rs.70,000/- (Rupees Seventy Thousand only) as a nonrefundable deposit to the credit of District Revenue Officer, Thiruvallur District 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., until further orders.

[d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall not tamper with evidence or witness 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC. 24.07.2023 sma

G.CHANDRASEKHARAN.

J.

sma 24.07.2023