Allowed

Veeramani v. State Rep by

Madras HC27 Sept 2023CRL OP/22163/2023

Case brief

AI extract

What is this about?

This judgment grants anticipatory bail to a petitioner facing arrest under the TN Scheduled Commodities regulation and Essential Commodities Act for alleged illegal possession of PDS rice. The court imposes conditions including a non-refundable security deposit, producing a separate bond with sureties, and strict reporting and non-interference obligations.

What did the court decide?

Grant of anticipatory bail subject to deposit of Rs. 30,000, separate bond with sureties, daily reporting, and strict compliance with conditions to prevent tampering or absconding.

Veeramani Vs State Rep by — Property and Title | Madras HC (2023)

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Crl.O.P.No.22163 of 202 3

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Crl.O.P.No.22163 of 2023

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RMT.TEEKAA RAMAN, J.

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The Petitioner, who apprehends arrest at the hands of the Respondent

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police for the offence punishable under Section 6(4) TN Scheduled Commodities (Regulation of Distribution Through card system) order 1982 r/w section 7(1)(a)(ii) of the Essential Commodities Act, 1955 in Crime No.81 of 2023 on the file of the Respondent police, seeks anticipatory bail.

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2.The case of the prosecution is that on 07.09.2023, based on the secret information about illegal storage of PDS rice in the godown of one Rajkumar, the respondent police made a search and found 130 bags (40 kgs each) of PDS rice in the said godown. Hence, the complaint.

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3.The learned Counsel for the Petitioner would submit that the Petitioner is an innocent person and he has been falsely implicated in this case. Hence, the learned counsel for the Petitioner prays for grant of anticipatory bail to the Petitioner.

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4.The learned Government Advocate (Crl. Side) for the Respondent would submit that the Petitioner along with other accused were found illegal possession of 130 bags (40 kgs each) of PDS rice and he vehemently opposed to grant anticipatory bail to the Petitioner.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.22163 of 202 3

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5.Heard both sides and perused the materials available on record.

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6.Taking into consideration the facts and circumstances of the case and also the submissions made by the learned counsel on either sides and the nature and gravity of the offence, this Court is inclined to grant anticipatory bail to the Petitioner with certain conditions.

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7.Accordingly, the petitioner shall make a non refundable deposit of Rs.30,000/- (Rupees Thirty Thousand only) as a non-refundable deposit to the credit of "The Dean/Medical Officer, Government Kilpauk Medical College and Hospital, Chennai District" , without prejudice to his rights and contentions before the trial Court, on such deposit and production of proof, the Petitioner 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 on which the order copy made ready, before the learned Judicial Magistrate I, Cuddalore District, on condition that the Petitioner shall execute a separate 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

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intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.22163 of 202 3

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further condition that:

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[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;

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[b] the Petitioner shall report before the Respondent Police, everyday at 10.30 a.m., until further orders;

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[c] the Petitioner shall not tamper with evidence or witness either during investigation or trial.

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[d] the Petitioner shall not abscond either during investigation or trial.

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[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 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

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[(2005)AIR SCW 5560].

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

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27.09.2023

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Crl.O.P.No.22163 of 202 3

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RMT.TEEKAA RAMAN, J.

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Crl.O.P.No.22163 of 2023

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27.09.2023

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https://www.mhc.tn.gov.in/judis

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Veeramani v. State Rep by

Case brief

What is this about?

What did the court decide?

Veeramani v. State Rep by

Case brief

What is this about?

What did the court decide?

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