Ramachandran And Others vs State

T.V.Thamilselvi, J

The petitioners, who were arrested and remanded to judicial custody on 01.02.2023 for the offences punishable under Sections 6(4) of Tamil Nadu Schedule Commodities (Regulation of Distribution through Card System) Order, 1982 r/w 7(1)(a)(ii) of the Essential Commodities Act, 1955, in Crime No.17 of 2023 on file of the respondent police, seeks bail.

The case of the prosecution is that the accused have transported 18,000 Kilograms of PDS rice from Tamil Nadu to Karnataka State in his vehicle bearing Registration No.AP 26 TT 0599. Hence the case.

Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He also submitted that the petitioners are Driver and Cleaner of the vehicle and they are no way connected with the alleged offence. He also stated that the petitioners are in custody from 01.02.2023 and they are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed to grant bail to the petitioners.

Learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioners had illegally transported 18,000 Kilograms of PDS rice in their vehicle without any valid license. He also stated that two previous cases of similar nature are pending as against the petitioners, hence, he vehemently opposed to grant bail to the petitioners.

At this juncture, the learned counsel for the petitioners submitted that the petitioners, without prejudice their rights, on their own volition, are ready and willing to contribute some amount to any charitable trust as may be directed by this Court and he prays to grant bail to the petitioners.

Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) and perused the materials available on record.

In order to curb the illegal activities of smuggling and selling of PDS rice, this Court is of the opinion that the petitioners shall deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each to the Juvenile Justice Board, Chennai, without prejudice to their rights and contentions before the trial Court.

Merely, because the petitioners deposits the said amount, it would not amount to admission of their guilt. Therefore, it is open to the trial Court to deal with the case independently.

Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel and also considering the fact that the petitioners are prepared to deposit Rs.15,000/- each to any welfare scheme of the Government, this Court is inclined to grant bail to the petitioners with certain conditions.

Accordingly, the petitioners are directed to deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand Only) each as non-refundable to the credit of “M/s. The Tamil Nadu Juvenile Justice Fund, Account No.358001000000671, IFSC: IOBA0001288, MICR: 600020073, Indian Overseas Bank, SME Kilpauk Branch, Address: No.20, Ormes Road, Kilpauk, Krishnagiri 10” and on such deposit and production of proof, the petitioners are ordered to be released on bail on their executing 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 learned Judicial Magistrate No.I, Krishnagiri and on further conditions that:

(a) 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;

(b) the petitioners shall report before the respondent police on every Wednesday at 10.30 a.m., for a period of two months and thereafter, as and when required for interrogation;

(c) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioners shall not abscond either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the learned 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;