K.Kumaravel Pandiyan v. The Inspector Of Police

Crl.O.P.No.120 of 2023 T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 28.11.2022 for the alleged offence under Sections 166, 167, 420, 465, 467, 468, 471, 409 and 120(B) of IPC in Crime No.01 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant alleged in his complaint that during 01.10.2020 to 30.09.2021, the officers, who worked in Tamil Nadu Civil Supplies Corporation at Vellore Regional Office along with the staff, who worked in the direct paddy procurement centres, in collaboration with individuals procured paddy without proper scrutiny and also cheated the Government by not implementing the government scheme property for personal gain and misuse of state scheme, thereby caused loss to the tune of Rs.315 crores to the State Government by not giving incentives to the farmers. Hence the complaint.

3. The learned counsel for the petitioner submitted that this is the second application for bail and the earlier application was dismissed by this Court stating that the gravity of offence committed by the petitioner by creating forged documents in the name of fake owner. He further submitted that he has not received any excess amount from Civil Supplies Corporation and he only tendered paddy quantity and he has not at all committed any offence as alleged by the respondent Police. He would further submit that the petitioner has been suffering incarceration from 28.11.2022. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that totally, thirty accused involved in this case and the petitioner is arrayed as A8. He would submit that there was a scam in civil supplies department and A1 to A11 are officials of Civil Supplies Corporation. He would further submit that the petitioner is a merchant in a paddy procurement centres and the investigation is still pending. Hence, he opposed to grant bail to the petitioner.

5. Considering the facts and circumstances of the case and the submissions made by both counsel and considering the gravity of offence committed by the petitioner and also there is no change in circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

12.01.2023 vkr

T.V.THAMILSELVI, J.

vkr Crl.O.P.No.120 of 2023 12.01.2023