C.Mohan v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twentieth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.12318 of 2022 C.MOHAN [ PETITIONER / ACCUSED ] Vs THE STATE REP.BY [ RESPONDENT ] INSPECTOR OF POLICE CRIME BRANCH CID, VELLORE NORTH, VELLORE DISTRICT.

CRIME NO.1 OF 2022.

For Petitioner : M/S. K.PREMKUMAR Advocate For Respondent : MR.A.DAMODARAN, Additional Public Prosecutor, PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 166, 167, 420 & 120-B of IPC, in Crime No.1 of 2022, seeks anticipatory bail. 2.

The case of the prosecution is that in order to procure paddy from the farmers, the Tamil Nadu Civil Supplies Corporation opened several Direct purchase centers in the Vellore Region. Accordingly, the paddy were directly procured from the farmers after verifying their Patta and Chitta or the certificate issued by the concerned Village Administrative officers, certifying the cultivation and harvest of paddy from the concerned farmers. Whereas few private merchants in collusion with the officials working in the Regional Offices and Direct Purchase Centres of Tamil Nadu Civil Supplies Corporation have indulged in malpractices in the procurement of paddy, without proper verification of land records of the farmers thereby the incentives meant for the farmers were not reached them and the officials have misused their official position and caused loss to the Government. Hence the complaint.

3.

The learned counsel appearing for the petitioner submits that the petitioner while working as an Assistant Quality Inspector in Tamil Nadu Civil Supplies Corporation, Vellore region, he was promoted as Quality Inspector with effect from 29.09.2020. His duty was to check up the quality of paddy, which is procured from the farmers. Therefore, he never entrusted with the work of procurement of paddy from the farmers or disbursement of incentive amounts to the farmers. Hence, the petitioner is no way connected with the alleged offence, since he never engaged with the work of procurement of paddy from the farmers. He further submitted that the petitioner already filed a petition for anticipatory bail in Crl.O.P. No.10578 of 2022 and the same was dismissed by an order dated 06.05.2022. Further, he was not served with any counter as such he was not given opportunity to give reply to the counter filed by the respondent. Hence, the present second petition for anticipatory bail.

4.

The learned Additional Public Prosecutor submitted that the petitioner is the key person in the crime committed by the officials in the Vellore Region of Tamil Nadu Civil Supplies Corporation and hence he vehemently opposed to grant anticipatory bail to the petitioner.

5.

Heard Mr.K.Permkumar, learned counsel appearing for the petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing for the respondent Police.

6.

It is seen that there are malpractices and irregularities committed by the officials and staff of the Tamil Nadu Civil Supplies Corporation, Vellore region, while procuring paddy in and around Vellore and Ranipet District and the petitioner and other accused persons colluded with private merchants, by violating the procurement procedures and the guidelines issued by the Tamil Nadu Civil Supplies Corporation, caused loss to the government.

7.

The Tamil Nadu Government provided facilities to the farmers of the Thanjavur, Nagapattinam and other district for the purpose of purchasing paddy from the farmers so as to facilitate them in disposing of the paddy cultivated by them. The Government of India has fixed minimum support price for paddy at Rs.1,888/- per quintal for grade-A variety and Rs.1,868/- per quintal for common variety of paddy. However, considering the welfare of the farmers and in order to avoid any distress in the sale of paddy by the farmers, the Government of Tamil Nadu have decided to give incentive of Rs.70/- per quintal for grade-A variety and Rs.50/- per quintal for common variety. 8.

As far as the petitioner is concerned, he was working as Quality Inspector at the office of the Regional Manager, Tamil Nadu Civil Supplies Corporation, Vellore, during the period between 01.10.2020 and 30.09.2021 and assisted to the procurement officers to procure paddy through direct purchase centers. He colluded and

influenced with the other officials and colluded with private merchants to sell their paddy through direct purchase centers, by violating the procedures and regulations of the Tamil Nadu Civil Supplies Corporation.

9.

That apart, the petitioner and other accused persons generated bills in the taps attached to the direct purchase centers in the name of the paddy merchants with forged documents, as if the merchants are the farmers and they cultivated paddy, so as to make them eligible for incentive. Further the petitioner and other accused persons directed the officers concerned to inform the merchants to send their paddy against the bill generated in the name of the merchants. As per the bills, the merchants transported the paddy directly to the storage godowns. The petitioner along with other accused persons colluded with the merchants for the purpose to obtain commission and directed the merchants to send paddy to Tamil Nadu Civil Supplies Corporation godowns as procurement of paddy made from them through direct purchase centers. Thereafter, the bills were sent by the officers to the Regional Office for disbursement of cash to the paddy thereby they received Rs.150/- per bag containing 40 Kg as commission from merchants and shared by all the accused persons. 10.

That apart, the petitioner indulged in malpractice in collusion with other accused person and procured paddy about Rs.60 crores from 75 paddy merchants. During the purchase, the petitioner and other accused persons received several crores of rupees as commission by illegally from the paddy merchants. So far, in the Vellore Region the paddy procurement done for Rs.315.3 crores during the relevant period between 01.10.2020 and 30.09.2021. In the total procurement of paddy, more than 75% procured only from the merchants by violating the procurement guidelines with fake land documents as if the merchants are the farmers and they cultivated the paddy crops. 11.

The investigation reveals that so far, the petitioner has received a sum of Rs.2 crores as commission during the procurement of paddy from the merchants. Therefore, the petitioner has committed very serious offence and caused loss to the Tamil Nadu Civil Supplies Corporation and also prevented the incentive which is meant for farmers. Therefore, the custody interrogation of the petitioner is very much required in this case. In fact, this Court has already dismissed the anticipatory bail filed by the petitioner in Crl.O.P.No.10578 of 2022 by an order dated 06.05.2022 and there is no change in circumstances to entertain this petition.

12.

In view of the above discussion, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition stands dismissed.

-sd/- 20/05/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE INSPECTOR OF POLICE CRIME BRANCH CID, VELLORE NORTH, VELLORE DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S. K.PREMKUMAR Advocate on payment of necessary charges SR.NO.7710 CRL OP.12318/2022 Date :20/05/2022 TA-24/05/2022