S.Vigneshwaran v. The State Rep By
Crl.O.P.No.21459 of 2022 A.D.JAGADISH CHANDIRA, J., The petitioner, who apprehends arrest for the alleged offences under Sections 6(4) of Tamil Nadu Scheduled Commodities (Regulation, Distribution by Card System) Order, 1982 r/w Section 7(1)(a)(ii) of Essential Commodities (E.C) Act, 1955, in Crime No.147 of 2022 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner was illegally storing 1150kgs of rice meant for Public Distribution and transporting it in a two wheeler bearing registration No.TN39 W 8056. Hence, the complaint was registered. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (crl. side) appearing for the respondent police submitted that the petitioner was illegally storing 1150kgs rice meant for public distribution. He further submitted that no previous case is pending against the petitioner.
5. In order to curb the illegal activities of smuggling essential 1/4
commodities meant for public distribution, this Court is of the opinion that the petitioner shall deposit a sum of Rs.6,000/- (Rupees Six Thousand only) as non refundable deposit to "The Chief Minister Welfare Fund" without prejudice to their rights and contentions before the trial Court. 6.Merely, because the petitioner deposits the said amount, it would not amount to admission of his guilt. Therefore, it is open to the trial Court to deal with the case independently.
7. Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions :- [a] the petitioner is directed to deposit a sum of Rs.6,000/-(Rupees Six Thousand only) as non-refundable deposit either through RTGS/NEFT or in cash in favour of "The Chief Minister Welfare fund" within fifteen (15) days from the date of receipt of a copy of this order. Thereafter, the petitioner is directed to be released on bail in the event of his arrest or on his appearance and on production of proof of payment of the above amount [b] 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 Judicial Magistrate No.
of their Aadhar card or Bank pass Book to ensure their identity. [d] the petitioner shall report before the respondent police every day at 10.30 am until further orders.
[e] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[f] the petitioner shall not abscond either during investigation or trial. [g] 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 are 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].
[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
With the above directions, this Criminal Original Petition is ordered. 07.09.2022 tsh A.D.JAGADISH CHANDIRA.J, tsh 3/4
Crl.O.P.No.21459 of 2022 07.09.2022.
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