J.Siva v. The Inspector Of Police
C.V.KARTHIKEYAN, J.
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 6(4) of TNSC (RDCS) Order 1982 r/w.7(1)(a)(ii) of E.C. Act in Crime No.201 of 2023, seeks anticipatory bail.
2. The case of the prosecution is that, on 06.09.2023 a lorry bearing registration No.TN-04-AZ-7655 was seized by the respondent police for the alleged transport of 500 bags of rice each 50 KG. The driver of the lorry was arrested and he was shown as Accused No.2.
3. The learned counsel for the petitioner stated that the Accused No.2 in his confession had stated that the rice has been transported under the instruction given by the petitioner. The learned counsel for the petitioner disclaims that the petitioner is the owner of the rice and he also stated that he has nothing to do with rice or with lorry. 1/5
4. It is stated by the learned Government Advocate (Criminal Side) that those rice bags are kept in the safe custody and the District Revenue Officer, Tiruvallur has initiated action u/r.6(a) of E.C.Act 1955 and issued notice u/s.6(b) of E.C.Act 1955.
5. Taking into consideration there is no previous case as against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner herein 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 days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Tiruvallur, Tiruvallur District on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty 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 2/5
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 appear before the respondent police daily 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 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 absconds, a fresh FIR can 3/5
be registered under Section 229A IPC.
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C.V.KARTHIKEYAN , J.
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