Shanmugam @ Gingee Shanmugam v. The Inspector Of Police

RMT.TEEKAA RAMAN, J.

The Petitioner, who apprehends arrest at the hands of the Respondent police for the offence punishable under Sections 6(4) of TNSC (RDCS) Order 1982 r/w. Section 7(1)(a)(ii) of Essential Commodities Act, 1955 in Crime No.202 of 2023 on the file of the Respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 06.09.2023, the Petitioner was found in possession of 500 bags of PDS rice in a vehicle and he is neither the owner of the vehicle nor the owner of the rice bags. Hence the complaint. 3.The learned Counsel for the Petitioner would submit that the Petitioner is no way connected with the above said alleged offences and false case was foisted against the Petitioner by the Respondent for statistical purpose. Hence, the learned counsel for the Petitioner prays for grant of anticipatory bail to the Petitioner.

4.The learned Government Advocate (Crl. Side) for the Respondent would submit that the Petitioner has illegally transported 25,000 kgs of PDS rice and he has no previous case. However, he vehemently opposed to grant anticipatory bail to the Petitioner.

5.Heard both sides and perused the materials available on record. 6.Taking into consideration the facts and circumstances of the case 1/ 4

and also the submissions made by the learned counsel on either sides and the nature and gravity of the offence, this Court is inclined to grant anticipatory bail to the Petitioner with certain conditions. 7.Accordingly, the Petitioner is directed to make a non-refundable deposit of Rs.

25,000/- (Rupees Twenty Five Thousand only) directly to the credit of "The Dean/Medical Officer, Kilpauk Medical College Hospital, Chennai 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 I, Thiruvallur, on condition that the Petitioner shall execute a separate bond for a sum of Rs.

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[b] the Petitioner shall report before the Respondent Police, everyday at 10.30 a.m., for a period of three weeks and thereafter as and when required;

[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 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].

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

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RMT.TEEKAA RAMAN, J.

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