Ravi v. State By

A.D.JAGADISH CHANDIRA, 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 EC Act, 1955, in Crime No.262 of 2024, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner along with other accused were illegally transporting 2500 Kilograms of PDS rice meant for public. Hence, the case.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he is no way connected with the said offences as alleged by the prosecution. He would further submit that the petitioner is ready and willing to abide by any stringent conditions that may be imposed on him.

4.The learned Government Advocate (Crl. Side) while opposing for grant of anticipatory bail to the petitioner would submit that, the 1/4

petitioner/A-1 along with other accused were illegally transporting 2500 Kilograms of PDS rice meant for public.

5.At this juncture, the learned counsel for the petitioner submitted that the petitioner, without prejudice to his defense and contention, is ready and willing to deposit an amount of Rs.10,000/- as non-refundable deposit to any welfare scheme of the Government or any organization. Hence, he prayed for grant of anticipatory bail to the petitioner. 6.Heard the learned counsel appearing for the petitioner, the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

7.On considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.10,000/- as non refundable deposit to "DRO, Dharmapuri", without prejudice to his rights and contentions before the trial Court. 8.Merely because the petitioner deposits the said amount, it would not amount to admission of his guilt. Therefore, it is open to the trial Court to deal with the case independently.

9.Considering the above facts and circumstances of the case, the 2/4

submissions made by the learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 10.Accordingly, the petitioner is directed to make a non-refundable deposit of Rs.10,000/- (Rupees Ten Thousand only) directly to the credit of "DRO, Dharmapuri", without prejudice to his rights and contentions before the trial Court, on such deposit and production of proof, 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 of receipt of a copy of this order, before the learned Judicial Magistrate-I, Dharmapuri, on condition that the petitioner shall execute a bond for a sum of Rs.

[b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter every Saturday at 10.30 a.m., until further orders;

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A.D.JAGADISH CHANDIRA, J.

dsn [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 269 of BNS.

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