Kalaivani v. The State Rep By

A.D.JAGADISH CHANDIRA , J.

The petitioner who apprehend arrest at the hands of the respondent police for the offences punishable under Section 6(4) of TN Schedule Commodities [RDCS] Order, 1982 read wtih (7)(1), 9(ii) of the Essential Commodities Act, 1955 in Crime No.256 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was found in illegal possession of 500 Kgs PDS Rice (10 bags of rice each contain 50 Kgs) worth about Rs.2,850/- without obtaining any permission or license from the Tamil Nadu State Government. Based on the confession statement, the respondent police arrayed the petitioner as third accused. Hence the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and a false complaint has

been foisted against the petitioner for statistical purpose and the name of the petitioner was not mentioned in the FIR. He would also submit that the petitioner is prepared to comply with any stringent condition imposed by this Court and he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that 500 Kgs PDS Rice (10 bags of rice each contain 50 Kgs) was seized by the respondent police and based on the confession statement, the respondent police arrayed the petitioner as A3. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. In order to curb the illegal activities of transporting PDS rice, the petitioner undertakes to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) as non-refundable deposit to "the District Revenue Officer, Vellore District," without prejudice to his rights and contentions

before the trial Court. However, it is made clear that 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.

7. Taking into consideration the facts and the submissions of both sides, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

8. Accordingly, the petitioner is directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) by way of Demand Draft/RTGS/NEFT to the "District Revenue Officer, Vellore District", without prejudice to his rights and contentions before the trial Court, on such deposit and production of proof, 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.I, Vellore 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 report before the respondent police everyday at 10.30 a.m., until further orders. [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.

19.10.2022 nsa/arb

A.D.JAGADISH CHANDIRA , J.

nsa/arb 19.10.2022