Manoj Kumar v. State By

P.DHANABAL,J.

The petitioner who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 6(4) of TNSC (RDCS) order 1982, read with 7(1) a (ii) of E.C. Act, 1955, in Crime No.212 of 2024, on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that on 09.08.2024, A1 and A2 were found illegally transporting 1050 kgs. of PDS rice in a Tata Sumo vehicle. On enquiry, it was found that that they had planned to sell the same to the petitioner herein. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution and that he has been falsely implicated in this case based on the confession of co-accused. Hence, further stated that the co-accused were arrested and thereafter, released on bail. Hence, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police opposed to grant anticipatory bail to the petitioner stating that the petitioner is arrayed as A3 and he is the receiver of PDS rice.

5. Considering the submissions of both sides and the quantity of material involved in this case and the fact that the petitioner has been arrayed 1/4

as A3 based on the confession of co-accused and also considering the fact that the co-accused in this case have been released on bail, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate-I, Krishnagiri, on condition that 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 Magistrate concerned and on further condition that: [a] the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of four weeks and thereafter, as and when required for interrogation.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[c] the petitioner shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate / Trial Court is entitled to take appropriate action against the 2/4

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 v. State of Kerala [(2005) AIR SCW 5560].

[e] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of the B.N.S 23.08.2024 ksa-2 To 1.The Judicial Magistrate-I, Krishnagiri 2.The Inspector of Police, C.S.C.I.D. Police Station, Krishnagiri District 3.The Public Prosecutor, High Court, Madras-600 104. 3/4

P.DHANABAL,J.

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