Palani v. The Inspector Of Police

G.K.ILANTHIRAIYAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 6(4) of Tamil Nadu Scheduled Commodity (RDCS) Order 1982, r/w Section 7(i)(a)(ii) of Essential Commodities Act, 1958, in Crime No.192 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was found in illegal possession of 8 tons 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 8 tons of PDS rice and he is the owner of the rice. Hence, he vehemently opposed to grant anticipatory bail to the petitioner. 1/4

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

6. Accordingly, the petitioner is directed to deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) as non refundable deposit to the credit of COVID-19 SALEM DISTRICT; SB.A/c No : 190601000434; IFSC code : ICIC0006119; The Personal Assistant (General) to the Collector, Collectorate, Room No.117, First Floor, Salem-636 001, Ph.No.9445008148 and on such deposit, the petitioner ia ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate-IV, Vellore, and on his executing a 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 learned Magistrate concerned and the petitioner shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order 2/4

copy is made ready, 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 deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) as non refundable deposit to the credit of COVID-19 SALEM DISTRICT; SB.A/c No : 190601000434; IFSC code : ICIC0006119; The Personal Assistant (General) to the Collector, Collectorate, Room No.117, First Floor, Salem-636 001, Ph.No.9445008148.

[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 3/4

of Kerala [(2005) AIR SCW 5560]; and;

G.K.ILANTHIRAIYAN, J.

Lpp [g] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

02.09.2022 Lpp 4/4