Bhuvaneshwari v. The State Rep. By

P.DHANABAL,J.

The petitioner/A2 who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 6(4) of TNSC (RDCS) order 1982 r/w Section 7(1)(a)(ii) of Essential Commodities Act, 1958 in Crime No.211 of 2024 seeks anticipatory bail.

2. The case of the prosecution is that on 31.08.2024, when the respondent police was on regular patrol, they found that the petitioner along with other accused had illegally transported 3000 kilograms of PDS rice . Hence, the complaint.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and she has not committed any such offence as alleged by the prosecution. He further submits the co-accused were arrested and enlarged on bail. He also submits that she is ready to abide by any stringent conditions imposed by this Court. Therefore, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the

respondent submits that the petitioner along with other accused had illegally transported 3000 kilograms of PDS rice He also sates that there are 4 previous case against her. However, he vehemently opposed for the grant of anticipatory bail to the petitioner.

5. Heard the learned counsel for the petitioner as well as the learned Government Advocate (Crl.Side) and perused the materials available on record.

6. Considering the nature of offence, the quantity of PDS rice involved in this case, though there are 4 previous cases pending against her, bail was granted in all cases and also the fact that the co-accused were already released on bail and considering all other aspects, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. 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-IV, Vellore, Vellore District 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 learned Magistrate

concerned and on further condition that:

[a] the petitioner shall report before the Inspector of Police, CSCID Police, Krishnagiri Unit, Krishnagiri every day at 10.30 a.m.,until further orders.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] 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].

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

29.10.2024 Vv

P.DHANABAL, J.

Vv 29.10.2024