P.G.Gunasekar v. State Rep.By

C.V.KARTHIKEYAN, J.

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

2.It is stated by the learned Government Advocate (Criminal Side) that the petitioner is working as salesman at Ration Shop at Harichandrapuram, Tiruttani Taluk, Tiruvallur District. He had caused loss to the Primary Agricultural Co-operative Credit Society to an extent of Rs.2,48,900/-. It is stated that when audit was done, there was a shortage in stock of rice, sugar, wheat, dhal and cooking oil. 3.The earlier petition seeking anticipatory bail was dismissed on 08.02.2024 in Crl.O.P.No.2579 of 2024.

4.The learned counsel for the petitioner stated that the petitioner would repay the amount due and payable by him, which amounts to Rs.66,000/-.

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5.Taking all these factors into consideration, this Court is inclined to grant anticipatory bail to the petitioner, however, directing the petitioner to deposit a sum of Rs.66,000/- to the credit of Crime No.2 of 2024 before the learned Judicial Magistrate, Tiruttani. On such deposit, the learned Judicial Magistrate, Tiruttani, may handover the said amount to the responsible officer of the Ration Shop at Harichandrapuram, Tiruttani Taluk, Tiruvallur District and also ensure that the said amount is deposited in the Government account.

4.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Tiruttani, 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 petition for 2/4

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. [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 229A IPC.

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C.V.KARTHIKEYAN , J.

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