Ramesh @ Appu v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.12.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Ramesh @ Appu ... Petitioner/Accused-1 Vs.

The State represented by The Inspector of Police, CSCID Police Station, Krishnagiri District.

(Crime No.205 of 2023) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., prayed to enlarge the petitioner on bail in Crime No.205 of 2023 on the file of the respondent police on such terms and conditions. For Petitioner : Mr.P.M.Jayachandran For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side) 1/6

ORDER

The petitioner/A1 seeks bail in Crime No.205 of 2023, registered by the respondent police for the offences punishable under Section 6(4) of TNSC (RDCS) Order 1982 r/w 7(i)a(ii) of E.C Act, 1955. The petitioner had been taken into custody on 06.11.2023.

2.The learned counsel for the petitioner stated that A2, had been granted bail by the Judicial Magistrate, Krishnagiri. 3.It is the case of the prosecution that they intercepted a TATA Sumo car bearing Regn.No.TN-25-H-9127 with 1100 kgs of PDS rice. A2 was the driver, who was arrested and subsequently released on bail. 4.It is a specific case of the respondent that the petitioner is the owner of the vehicle and owner of the PDS Rice. 2/6

5.The earlier application seeking bail in Crl.O.P.No.26948 of 2023 had been dismissed by this Court on 28.11.2023. 6.Taking into consideration the period of incarceration and all other factors, I am inclined to grant bail to the petitioner subject to the following conditions:

7.Accordingly, the petitioner is ordered to be released on bail on condition to 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 Judicial Magistrate No.I, Krishnagiri, and on further conditions that: [a] 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 make a non-refundable deposit of Rs.20,000/- (Rupees Twenty Thousand only) to the credit of the Dean, Government General Hospital, Krishnagiri, for treatment of needy patients.

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

[e] the petitioner shall not tamper with evidence or witness 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 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].

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

14.12.2023 ata 4/6

To 1.The Judicial Magistrate No.I, Krishnagiri.

2.The Inspector of Police, CSCID Police Station, Krishnagiri District.

3.The Sub-jail, Krishnagiri.

4. The Public Prosecutor, High Court of Madras.

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C.V.KARTHIKEYAN, J.

ata 14.12.2023 6/6