Joshvagnanaraj v. State Rep By

T.V.THAMILSELVI, J.

The petitioner who apprehends arrest for the alleged offence punishable under Sections 6(4) of Tamilnadu Scheduled Commodity (RDC) order, 1982 and read with Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 in Crime No.282 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was found in illegal transportation of 1420 bags each containing 50 Kilos totally containing 71,000 Kgs of PDS rice in three lorries bearing registration Nos.AP-02-TA-5108, AP-16-TW-6994 and TN-02-BW-5380. Hence, the complainant.

3. The learned counsel appearing for the petitioner submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, on instructions, the learned counsel further submits that the petitioner, on his own volition, is ready and

willing to contribute some amount for charitable purpose that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) submits that the the petitioner was found in illegal transportation of 1420 bags each containing 50 Kilos totally containing 71,000 Kgs of PDS rice in three lorries bearing registration Nos.AP-02-TA-5108, AP-16-TW-6994 and TN-02-BW-5380 and he also submits that the petitioner is having two previous case in similar nature. Hence, he opposed for grant of anticipatory bail to the petitioner.

5.Considering the facts and circumstances of the case and also considering the submissions made by the both counsel and also the fact that the petitioner has willfully and on his own volition agreed to contribute some amount for charitable purpose, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in

the event of arrest or on his appearance before the Judicial Magistrate, Thiruvallur on condition that the petitioner shall execute a 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 is directed to deposit a sum of Rs.75,000/- (Rupees Seventy Five Thousand only) to the Tamilnadu Advocate Clerk Association, Chennai, Current Account No.484026006, IFSC No.IDIB000M157, Indian Bank, High Court Branch 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 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.

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

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

16.12.2022 jai

T.V.THAMILSELVI, J.

jai 16.12.2022