Kamal v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.09.2022
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.OP.No.22234 of 2022
1. Kamal
2. Srinivasan @ Tata Srinivasan ... Petitioners Vs.
The State represented by, The Inspector of Police, CSCID Police Station, Krishnagiri District.
Crime No.139 of 2022 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioners on bail in connection with Crime No.139 of 2022, on the file of the Respondent Police.
For Petitioners : Mr.P.M.Jayachandran For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor 1/8
O R D E R
The petitioners, who were arrested and remanded to judicial custody on 24.08.2022 for the offences punishable under Section 6(4) of TN Scheduled Commodities (RDCS) Order, 1982 r/w Section 7(1)(a)(ii) of Essential Commodities Act, 1955, in Crime No.139 of 2022 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 24.08.2022, when the respondent Police and his team were on routine rounds, they found that the petitioners had illegally transported 13,750 kilograms of PDS Rice, worth about Rs.77,688/-. Hence the complaint.
3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. Hence, he prays for grant of bail to the petitioners. However, he would also submit that without prejudice to his contentions, the petitioners are prepared to deposit a considerable amount to any Welfare Scheme of the 2/8
Government. Hence, he prays for grant of bail to the petitioners.
4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioners have transported 13,750 Kgs of PDS rice worth about Rs.77,688/-. He would also submit that there are two previous cases in similar nature as against these petitioners. However, he vehemently opposed to grant bail to the petitioners.
5. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent and perused the materials available on record.
6. In order to curb the illegal activities of transporting PDS rice, this Court is of the opinion that the petitioners shall deposit a sum of Rs.50,000/- (Rupees Fifty thousand only) each as non refundable deposit to "the District Revenue Officer, Krishnagiri District", without prejudice to their rights and contentions before the trial Court.
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7. Merely, because the petitioners deposit the said amount, it would not amount to admission of their guilt. Therefore, it is open to the trial Court to deal with the case independently.
8. Taking into consideration the facts of the case and the submissions made by the learned counsel and also taking note of the fact that the petitioners have prepared to deposit Rs.50,000/- each to any welfare scheme of the Government, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
9. Accordingly, the petitioners are directed to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) each by way of Demand Draft/RTGS/NEFT to the "District Revenue Officer, Krishnagiri District", without prejudice to their rights and contentions before the trial Court, on such deposit and production of proof, the petitioners are ordered to be released on bail on their executing a bond each for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties, each for a like sum 4/8
to the satisfaction of the learned Judicial Magistrate No.I, Krishnagiri and on further conditions 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] the petitioners shall report before the respondent Police daily 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];
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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC; 16.09.2022 ham 6/8
To
1. The Judicial Magistrate No.I, Krishnaigiri.
2. The Inspector of Police, CSCID Police Station, Krishnagiri District.
3. The Sub Jail, Krishnagiri.
4. The Public Prosecutor, High Court of Madras.
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A.D.JAGADISH CHANDIRA., J.
ham 16.09.2022 8/8