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Madras High CourtCRL OP/21177/2024granted

Nalini Kumar v. The State Rep By

2024-09-26Honourable Mrs Justice T.V.Thamilselvi4 pages

Crl.O.P.No.21177 of 2024 T.V.THAMILSELVI, J.

The petitioner who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 6(4) of TNSC (RDCS) order 1982 r/w. Section 7(1)(a)(ii) of EC Act, 1955 in Crime No. 175 of 2024, seeks anticipatory bail.

2. The case of the prosecution is that the respondent police found the accused persons while transporting the PDS rice without any permit and they fled from the scene of occurrence. Hence, the case. 3.Heard both sides.

4. Considering the facts and circumstances of the case and also the fact that co-accused released on bail. Hence, this Court is inclined to grant bail to the petitioner.

5. Accordingly, the petitioner is 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.1, Thiruvallur, on condition that the

petitioner shall execute a separate 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, 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 report before the respondent police on every Saturday at 10.30 a.m for a period of three months. Further, the petitioner shall deposit a sum of Rs.1,00,000/- to the credit of The Principal Govt Yoga and Naturopathy Medical College, A/c.No.30143474408 IFSC Code : SBIN0002196 MICR No.600002005, within a period of two weeks from the date of receipt of a copy of this order.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner 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.

26.09.2024 pbl

T.V.THAMILSELVI, J.

pbl Crl.O.P.No.21177 of 2024 26.09.2024