P.Arumugam vs State Of Tamil Nadu

R.Vijayakumar, J

The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 408 & 420 of IPC r/w Section 7(1)(a)(i) of the Essential Commodities Act, 1955 in Crime No.123 of 2022 on the file of the respondent police, seeks anticipatory bail.

The case of the prosecution is that the petitioner herein is alleged to have illegally transported 500 bags (20,000 Kgs) of rice / paddy by using two lorries bearing Registration No.TN 37 T 7818 and TN 41 P 2365. Hence, the petition.

The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. Hence, he prays for the grant of anticipatory bail to the petitioner.

The learned Government Advocate (Crl. Side) fairly submits that investigation is still pending. Hence, he opposes the grant of anticipatory bail to the petitioner.

Heard both sides and perused the materials available on record.

Considering the rival submissions made on either side and the nature of the offences charged against the petitioner, I am inclined to grant anticipatory bail to the petitioner subject to certain conditions.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on condition that the petitioners 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 learned Judicial Magistrate, Madurai, within a period of fifteen days from the date on which the order copy is made ready and on further conditions 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 heir identity;

[b] the petitioner shall report before the respondent police on the 1st day of every month at 10.30 a.m. until further orders;

[c] the petitioner shall not commit any offences of similar nature.

[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 Judicial 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S, 2023.