V.Gangadharan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.02.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.2473 of 2025 V.Gangadharan .. Petitioner Vs.

The State rep by Sub-Inspector of Police, C.S.C.I.D. Police Station Thiruvannamalai.

(Crime No.187/2024) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in Crime No.187 of 2024 on the file of the respondent Police. For Petitioner : Mr.Kathir MN For Respondent : Mr.S.Balaji Government Advocate(Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 6(2), (3) of The Scheduled Commodities (RDCS) Order 1982 r/w 7(1) (a) (ii) of Essential Commodities Act, 1955 in Crime No.187 of 2024, seeks anticipatory bail. 1/5

2. The case of the prosecution is that on 20.11.2024, during inspection at Malamanjanur Pudur Fair Price Shop, it was found that the petitioner has misappropriated the Stock namely PDS Rice 2715 kg, Sugar 81.50kg, Wheat 331 kg, Dhall 91 kg, oil 29 kg and Cash of Rs.15,920/- .Hence, the case. 3.Learned counsel appearing for the petitioner submitted that the petitioner has paid an amount of Rs.1,66,150/-; and that the petitioner is ready to abide by any condition, that may be imposed by this Court. Therefore, he prayed for the grant of anticipatory bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner has paid the misappropriated amount, and the investigation against the petitioner is pending. Therefore, he opposed for granting anticipatory bail to the petitioner. 5.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record.

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6.Considering the nature of allegations; and that the misappropriated amount was repaid by the petitioner; and that the custodial interrogation of the petitioner is not required for investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7.Accordingly, 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 is made ready, before the Judicial Magistrate No.1, Thiruvannamalai on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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:

[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; [b] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

[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. [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 [(2005)AIR SCW 5560];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

05.02.2025 Index : Yes / No Internet : Yes / No dpa To

1. The Judicial Magistrate No.1, Thiruvannamalai.

2. The Sub-Inspector of Police, C.S.C.I.D. Police Station, Thiruvannamalai.

3. The Public Prosecutor, High Court of Madras.

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SUNDER MOHAN., J.

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