Nallani Kumar v. State Rep By, The Inspector Of Police

CRL OP NO. 1040 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-02-2025

CORAM

THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI CRL OP NO. 1040 of 2025 Nallani Kumar S/o.Murugesh, Vettambedu, Sulurpet, Nellore District, Andhra Pradesh.

Petitioner(s) Vs State Rep By, The Inspector Of Police Cscid - North, Chennai District. (crime No.268/2024) Respondent(s) CRL OP NO. 1040 of 2025 For Petitioner(s):

Velmurugan Parthiban For Respondent(s):

V.Meganathan, Government Advocate (crl. Side)

ORDER

The petitioner who apprehends arrest for the alleged offence under Sections 6(4) of the Tamil Nadu Scheduled Commodities (Regulations of Distribution by Card system) order, 1982, read with Section 7(1)(a)(ii) of the Essential Commodities Act, 1955, in Cr.No.268 of 2024 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner has illegally transported the PDS rice worth Rs.45,200/-.

3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution. He further submits co-accused has been released on bail. Further, the petitioner is ready to abide any conditions as imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl. side) submits that investigation is almost completed.

5. Considering the facts and circumstances of the case, the investigation is almost completed and co-accused has been released on bail. Hence, this Court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, the petitioner is ordered to be released on anticipatory 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, Thiruvallur 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned 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 Court concerned 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 on alternative days at 10.30 a.m. for a period of three months. Further, the petitioner shall deposit a sum of Rs.40,000/- to the credit of the Government School, located in the Perambalur District, within a period of two weeks from the date of receipt of a copy of this order, failing which, bail will be cancelled.

(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 anticipatory 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]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

06-02-2025 pbl CRL OP NO. 1040 of 2025 To

1. State Rep By, The Inspector Of Police Cscid - North, Chennai District.

(crime No.268/2024)