Allowed

Subir Ali Alias Subeer v. State Rep by

Madras HC6 Jun 2024CRL OP/4785/2024

Case brief

AI extract

What is this about?

Anticipatory bail sought by a person accused of illegally possessing 1150 kgs of PDS rice. Investigation was nearly complete with no prior cases. The court granted anticipatory bail on conditions including depositing Rs.15,000 to a charitable association, weekly police reporting for three months, and sureties.

What did the court decide?

Anticipatory bail granted on execution of Rs.10,000 bond with two sureties and conditions including Rs.15,000 charitable deposit and weekly police reporting for three months.

Subir Ali Alias Subeer Vs State Rep by — Anticipatory Bail | Madras HC (2024)

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Crl.O.P.No.4785 of 2024

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Crl.O.P.No.4785 of 2024

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T.V.THAMILSELVI, J.

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The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 6(4) of Tamil Nadu Scheduled Commodities (RDCS) order 1982 r/w 7(i) (a ) (ii) of Essential Commodities Act 1955, in Crime No.28 of 2024, on the file of the respondent police, seeks anticipatory bail.

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The case of the prosecution is that the petitioner was found

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in illegal possession of 1150 kgs of PDS rice. Hence, the complaint.

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The learned counsel appearing for the petitioner submitted

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that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, on instructions, the learned counsel further submitted that the petitioner, on his own volition, is ready and willing to contribute some amount to any charitable purpose.

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Hence, he prays for grant of anticipatory bail to the petitioner.

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Page No.1/4

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

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Crl.O.P.No.4785 of 2024

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The learned Government Advocate (Crl.Side) appearing for

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the respondent submitted that there is no previous case pending against the petitioner and the investigation is almost completed.. However, he vehemently opposed for grant of anticipatory bail to the petitioner.

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Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.Side), this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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Accordingly, the petitioner is ordered to be released on bail

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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 No.I, Villupuram, 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

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Page No.2/4

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

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Crl.O.P.No.4785 of 2024

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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.15,000/- (Rupees Fifteen Thousand only) to the credit of the Registered Advocate Clerk Association, Villpuram. 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., for a period of three months and thereafter, as and when required for interrogation.

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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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Page No.3/4

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

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Crl.O.P.No.4785 of 2024

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T.V.THAMILSELVI, J.

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msrm

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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 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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02.04.2024

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msrm

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Crl.O.P.No.4785 of 2024

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Page No.4/4

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

Subir Ali Alias Subeer v. State Rep by

Case brief

What is this about?

What did the court decide?

Subir Ali Alias Subeer v. State Rep by

Case brief

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