V.Sivakumar v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Eighth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION Nos.13156,13158 & 13159 of 2022 V.SIVAKUMAR [ PETITIONER / ACCUSED IN CRL.OP.NO.13156/2022] 1.ELUMALAI [ PETITIONERS/ ACCUSED 2.KUPPUSAMY IN CRL.OP.NO.13158/2022] 3.C.SUBRAMANI A.ASHOK KUMAR [ PETITIONER / ACCUSED IN CRL.OP.NO.13159/2022] Vs STATE OF TAMIL NADU REP BY ITS [ RESPONDENT/COMPLAINANT THE INSPECTOR OF POLICE IN ALL THE PETITIONS] CRIME BRANCH CID,VELLORE NORTH, VELLORE DISTRICT.
(CRIME NO.1 OF 2022) For Petitioner : M/S.VIMAL B.CRIMSON Advocate [IN ALL THE PETITIONS] For Respondent : MR.A.DAMODARAN, Additional Public Prosecutor [IN ALL THE PETITIONS] PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner in all the petitions, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 166, 167, 420 & 120-B of IPC, in Crime No.1 of 2022, seek 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 for the petitioners in all the petitions submitted that the petitioners are Government staff and they have not committed any offence as alleged by the prosecution. Hence, he prays to grant anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor submits that the investigation is not yet completed and if the petitioners are granted anticipatory bail, there is a possibility that they will tamper the witnesses and hamper the investigation. He would further submit that the anticipatory bail petition filed by the co-accused in this case has already been dismissed by this Court by an order dated 20.05.2022 in Crl.O.P.No.12318 of 2022 and hence he vehemently opposed to grant anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case and also considering the fact that the case is in the initial stage of the investigation and that the custodial interrogation of the petitioners is very much required in this case and this Court has already dismissed the anticipatory bail filed by the other accused and there is no change in circumstances to entertain these petitions, this Court is not inclined to grant anticipatory bail to the petitioners.
6. Accordingly, all the Criminal Original Petitions are dismissed.
-sd/- 08/06/2022 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.
CC to M/S.VIMAL B.CRIMSON Advocate on payment of necessary charges CRL.OP.NOs.13156,13158&13159/2022 Date :08/06/2022 CSK 14/06/2022