Kumaravel @ Bharani v. The Inspector Of Police
RMT.TEEKAA RAMAN, J.
The Petitioners, who apprehend arrest at the hands of the Respondent police for the offence punishable under Section 6(4) Tamil Nadu Schedule Commodities (Regulation of Distribution through card system) order 1982 r/w.Section 7(1)(a)(ii) of the Essential Commodities Act 1955, in Crime No.38 of 2023 on the file of the Respondent police, seek anticipatory bail. 2.The case of the prosecution is that on 29.05.2023 at about 12.30 hrs, when the Respondent conducted routine check up, they found a vehicle bearing Reg. No.TN 23 A 6921 with 211 bags of rice (each bag contained 50 kgs), without having valid bills and permits. Hence the complaint. 3.The learned Counsel for the Petitioners would submit that A1 was arrested and enlarged on bail by the learned Magistrate IV, Vellore, in Crl.MP.No.9948/2023 dated 07.07.2023. The Petitioners herein are A3 & A3. Hence, the learned counsel for the Petitioner prays for grant of anticipatory bail to the Petitioner.
4.The learned Government Advocate (Crl. Side) for the Respondent would submit that A1 was already arrested and enlarged on bail by order of the Court below. He is vehemently opposed to grant anticipatory bail to the Petitioner.
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5.Heard both sides and perused the materials available on record. 6.Taking into consideration the facts and the submissions made by the learned counsel on either sides and the nature and gravity of the offence, I am inclined to grant anticipatory bail to the Petitioner with certain conditions. 7.Accordingly, the Petitioners are directed to make a non-refundable deposit of Rs.50,000/- (Rupees Fifty Thousand only) directly to the credit of "Chief Minister's Public Relief Fund, Finance (CMPRF) Department, Government of Tamil Nadu, Secretariat, Chennai 600 009, Indian Overseas Bank, Secretariat Branch, Chennai 600 009, S.B.Account No.
11720 10000 00070, IFS Code IOBA0001172, CMPRF PAN: AAAGC0038F", on such deposit and production of proof, the Petitioners are 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.IV, Vellore, on condition that the Petitioners shall execute a separate bond for a sum of Rs.
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[a] the Petitioners 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 Petitioners shall report before the Respondent police, everyday at 10.30 a.m., for a period of four weeks and thereafter on every Saturday at 10.30 a.m., until further orders;
[c] the Petitioners shall not tamper with evidence or witness either during investigation or trial. [d] the Petitioners 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 Petitioners in accordance with law as if the conditions have been imposed and the Petitioners 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.
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RMT.TEEKAA RAMAN, J.
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