Jayakumar v. The Inspector Of Police
T.V.THAMILSELVI, J.
The petitioners, who apprehends arrest for the alleged offences punishable under Section 6(4) of TNSC (RDCS) Order 1982 r/w Section 7(i)(a)(ii) of EC Act, 1955 in Crime No.174 of 2022, on the file of the respondent police, seek anticipatory bail.
2. It is the case of the prosecution that on 29.11.2022 when the respondent police were on their regular patrol duty from Salem to Krishnagiri they came to understand that the TATA Lorry bearing Reg.No.TN 30 BZ8694 was illegally transporting PDS rice. Hence the respondent police have interpreted and found 8700 Kgs of PDS rice and 2400 Kgs of Kurnai rice have been seized worth about Rs.49,155/-. When the respondent police was trying to arrest the driver and owner, they escaped from the scene of occurrence. Hence, the complaint was registered.
3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. However, on instructions, the learned counsel further submitted that the petitioners, on their own volition, are ready and willing to contribute some amount to any Page No.1/4
charitable trust as imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.side) appearing for the respondent submitted that the petitioners were found in illegal transporting 8700 Kgs of PDS rice and 2400 Kgs of Kurnai rice worth Rs.49,155/-. He further submitted that there are no previous case pending against these petitioners. However, he vehemently opposed for grant of anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.Side), this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are 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.I, Dharmapuri, on condition that each of 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: Page No.2/4
[a] the petitioners shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) as non refundable deposit to the credit of the Registered Advocate Clerk Association, Krishnagiri, Krishnagiri District, within a period of two weeks from the date of receipt of a copy of this order and shall produce the said receipt before the Court below.
[b] the petitioners 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.
[c] the petitioners are directed to 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.
[d] the petitioners shall not tamper with evidence or witness either during investigation or trial. [e] the petitioners shall not abscond either during investigation or trial.
[f] On breach of any of the aforesaid conditions, the Page No.3/4
T.V.THAMILSELVI, J.
dpq 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
12.12.2022 dpq Crl.O.P.No.30446 of 2022 Page No.4/4