Sathiyamoorthi v. State Rep By

A.D.JAGADISH CHANDIRA.J, The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 6(4) TN Scheduled Commodities (RDCS) order 1982 r/w 7(i)a(ii) of E.C Act 1955 in Crime No.145 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with the other accused had illegally transported 2000 Kgs of PDS rice in their vehicles bearing Registration Nos. TN 29-AD-9338 and KA-51-AE2168. Hence the case.

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 based on the confession of the arrested accused. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.side) submitted that the petitioner along with the other accused had illegally transported 2000 kgs of PDS rice. He would submit that the petitioner is a habitual

offender and there are three previous cases as against the petitioner. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

6. At this juncture, learned counsel for the petitioner would submit that without prejudice, the petitioner is ready and willing to make a non-refundable deposit of Rs.1,00,000/- to the Government.

7. Taking note of the facts and circumstances and also taking note of the fact that the petitioner has come forward to deposit a sum of Rs.1,00,000/- to the Government, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

8. Accordingly, the petitioner shall deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) as a non-refundable deposit to the credit of District Revenue Officer, Krishnagiri District and on such donation, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.1, Krishnagiri, on condition that the petitioner shall

execute a 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 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 a non-refundable deposit to the credit of District Revenue Officer, Krishnagiri District and the receipt of the same shall be produced before the concerned learned Magistrate at the time of execution of bond.

[c] 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. A.D.JAGADISH CHANDIRA.J, shk [d] the petitioner shall report before the respondent police

daily at 10.30 a.m., 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 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]; and;

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

27.09.2022 shk