Allowed

Ramesh v. the State Rep by

Madras HC5 Jan 2022CRL OP/1/2022

Case brief

AI extract

What is this about?

TheMadras High Court granted anticipatory bail to the petitioner in an anticipatory bail petition under Section 438 Cr.P.C., relating to alleged offences under the Essential Commodities Act and TN Scheduled Commodities Order 1982. The court imposed strict conditions including reporting, deposit, and prohibition on tampering with evidence.

What did the court decide?

Petitioner granted anticipatory bail subject to executing surety bonds, depositing Rs.5,000 with Advocate Clerk Association, reporting weekly, and not tampering with evidence or absconding.

Ramesh Vs the State Rep by — Cheque Dishonour | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 05.01.2022

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CORAM

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THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI

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CRL.O.P.No.1 of 2022

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Ramesh ... Petitioner

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Versus

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State represented by The Sub Inspector of Police, Civil Supplies CID, Salem. (Crime No.102 of 2021) ... Respondent

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Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.102 of 2021 on the file of respondent police, pending investigation.

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For Petitioner : Mr.S.Sengkodi

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For Respondent : Mr.A.Gokulakrishnan,

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Additional Public Prosecutor

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ORDER

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The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 6(4) TN Scheduled Commodities (RDCS) Order 1982 r/w 7(1)(a)(ii) Essential Commodities Act, 1955 in Crime No.102 of 2021, seeks anticipatory bail.

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The case of the prosecution is that the respondent police patrol in Erumapalayam, Salem Town at the time some information gathered that the petitioner kept the 3 bags of PDS rice contained about 150 kg near Perumal flat. The respondent police was reached the spot the petitioner left the bags. Hence the complaint.

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https://hcservices.ecourts.gov.in/hcservices/

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The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.

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The learned Additional Public Prosecutor appearing for the respondent submitted that 1 previous case pending against the petitioner. However, he vehemently opposed to grant anticipatory bail to the petitioner.

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Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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Accordingly, the petitioner is directed to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, before the learned Judicial Magistrate - II, Salem, 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:

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[a] the petitioner is directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of the Registered Advocate Clerk Association, Salem District within a period of two weeks from the date of receipt of a copy of this order and shall produce the said receipt before the Court below.

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[b] 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.

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[c] the petitioner is directed to report before the respondent police on every Saturday at 10.30 a.m., until further orders;

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[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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

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https://hcservices.ecourts.gov.in/hcservices/

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[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 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].

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

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-sd/-

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05/01/2022

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This order, on being produced, be punctually observed and carried into execution by all concerned

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TRUE COPY

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Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.