Veeramani v. State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Veeramani ... Petitioner/Accused No.3 Vs State rep by The Sub-Inspector of Police, CSCID Virudhunagar, Virudhunagar District.
(Crime No.162 of 2024) ... Respondent/Complainant For Petitioner : M.Jothi Basu, Advocate.
For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.162 of 2024 on the file of the Respondent Police. 1/5
ORDER : The Court made the following order :- The petitioner/A3, 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.162 of 2024 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that on 10.09.2023 the accused 1 and 2 were transporting 1530 Kilograms of PDS rice illegally to A3. Hence, the case was registered.
3. The learned counsel for the petitioner would submit that the petitioner/A3 is an innocent person and he has been implicated in this case only based on the confession statement of the co-accused. Hence, he prays for grant of anticipatory bail to the petitioner.
4.The learned Government Advocate(Crl.sdie) appearing for the State would submit that the petitioner is having one previous case on similar in nature. 5.Considering the nature of the allegation against the petitioner that the petitioner employed under A1 and A2 in accumulating PDS rice and for the purpose of selling it to Kerala State and considering the quantity of the rice. being 1530 kilograms and also considering the fact that the petitioner is having one previous case of similar nature, I am inclined to enlarge the petitioner on anticipatory bail. 2/5
6. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or his appearance, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Virudhunagar, Virudhunagar District.
(i)the sureties shall affix his photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of his Aadhar card or Bank Pass Book to ensure his identity; (ii)the petitioner shall report before the respondent Police, daily at 10.30 am for a period of four weeks and thereafter as and when required for interrogation. It is made clear that no relaxation of the condition for the said period will be entertained by this court;
(iii)the petitioner shall not tamper with evidence or witness; iv)the petitioner shall not abscond during trial. v)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]. 3/5
(vi)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 19/10/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
NS To 1.The Judicial Magistrate No.I, Virudhunagar, Virudhunagar District.
2.Do through the Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur.
3.The Sub Inspector of Police, CSCID, Virudhunagar, Virudhunagar District.
4.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.G.M.LAW OFFICE, Advocate ( SR-12789[I] dated 19/10/2024 )
ORDER
IN CRL OP(MD) No.17846 of 2024 Date :19/10/2024 4/5
ED/ SKN /SAR- (13/11/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5