Thimmarayan @ Thimappa v. Inspector Of Police

C.V.KARTHIKEYAN,J.

The petitioner seeks anticipatory bail in Crime No.110 of 2023 registered by the respondent police for the offence punishable under Section 6(4) of TNSC (RDCS) Order 1982, r/w 7(1)a(ii) of E.C.Act, 1958.

2. It is stated that the respondent had intercepted an auto bearing Regn.No.AP-03-TC-8448 on 22.10.2023. At that time, the person who had driven the auto had ran away. It was found that it contain 500 kgs of PDS Rice.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he is ready to abide by any condition imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner.

4. In view of all these facts into consideration, this Court is inclined to grant anticipatory bail to the petitioner.

5. Accordingly, the petitioner shall pay a sum of Rs.10,000/- (Rupees Ten Thousand only) by way of demand draft drawn in favour of the Dean, Government Medical College and Hospital, Vellore, within a period of two weeks from the date of receipt of a copy of this order, and on such deposit, 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 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 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 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 report before the respondent police everyday 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 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 absconds, a fresh FIR can be registered under Section 229A IPC.

16.11.2023 Vv C.V.KARTHIKEYAN,J.

Vv 16.11.2023