Appu Alias Vijayakumar v. The State Rep. By, Inspector Of Police,

CRL OP NO. 31060 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-12-2024

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 31060 of 2024 Appu Alias Vijayakumar S/o.John Kondaiyan, No.183, V.M.C. Colony, Noorullahpet, Vaniyambadi, Tirupattur District. Petitioner(s) Vs The State Rep. By, Inspector Of Police, Inspector Of Police, Cscid Police, Tirupattur Unit, Tirupattur District. Crime No.251 Of 2024 Respondent(s) Criminal Original Petition filed u/s. 482 of BNSS Act, 2023 praying to enlarge the petitioner on bail in the event of his arrest in Cr.No. 251 of 2024 on the file of the respondent police.

For Petitioner(s):

K.Sathish Kumar M.Sathish Kumar S.Raja Ravi Varma D.Ajith Kumar B.Karthik R.Lokeshwaran A.Prabhakaran For Respondent(s): Mr.S.Santhosh, Govt.Adv., Crl.side Page No.1 of 6

ORDER

Apprehending arrest in connection with Crime No.251 of 2024 registered for the offences punishable under Sections 6(4) of TNSC (RDCS) Order 1982, R/w Section 7(1) a (ii) of E.C. Act, 1955, the present petition has been filed by the petitioner seeking anticipatory bail. 2.The case of the prosecution is that the petitioner had transported 2000 kgs of PDS rice by using ACE Mint bearing Registration No. TN-37CW-8874 without any valid license from the Government. Hence the complaint.

3. Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He further submits that the petitioner is innocent and he has been falsely implicated in this case. He also submits that the petitioner, without prejudice to the defence and contention, is ready and willing to deposit a sum of Rs.15,000/- to any welfare scheme of the Government or any other organization. He further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this court. He further submits Page No.2 of 6

that the petitioner is ready to abide by any stringent condition that may be imposed by this court.

4. The case of the prosecution, as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the petitioner had transported 2000 kgs of PDS rice by using ACE Mint bearing Registration No. TN-37-CW-8874 without any valid license from the Government. He further submits that no previous case is pending against the petitioner.

5. Considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) to the credit of the "District Revenue Officer, Tirupattur District," without prejudice to the right of defence before the Trial Court and making it clear that it would not amount to admission of guilt.

6. Further, having heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent Police and Page No.3 of 6

perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions and accordingly, he 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 No.IV, Vellore, 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 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 petitioners shall not tamper with evidence or Page No.4 of 6

witness either during investigation or trial. [d] the petitioners 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 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].

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

12.12.2024 MSM To

1. The State Rep. By, Inspector Of Police, Inspector Of Police, Cscid Police, Tirupattur Unit, Tirupattur District.

Crime No.251 Of 2024

2. The Public Prosecutor, High Court, Madras. A.D.JAGADISH CHANDIRA , J.

MSM Page No.5 of 6

Crl.O.P.No.31060/2024 12-12-2024 Page No.6 of 6