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Madras High CourtCRL OP/11881/2025granted

G Rajasekar v. The State Of Puducherry, Represented By Its Inspector Of Police,

2025-04-29Honourable Mr.Justice Sunder Mohan7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-04-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN G Rajasekar S/o Gunasekaran, No.5, Pillaiyar Koil Street, Arasur, Villiyanur, Puducherry605110 Petitioner(s) Vs

1. The State of Puducherry, Represented by its Inspector of Police, Vigilance and Anti-Corruption, (VAC) Puducherry. Crime No.4/2025 Respondent(s) PRAYER To grant Anticipatory Bail in the event of her arrest in Crime No.4 of 2025 dated 04/04/2025 on the file of the Respondent Police For Petitioner(s):

Mr.S.Madhana Chandran For Respondent(s):

Mr.K.S.Mohandoss Public Prosecutor (Puducherry) Assisted by Mr.N.Danalat.

ORDER

The petitioner is apprehending arrest by the respondent police for the offences punishable under Sections 409, 420, 34 of IPC R/W Section 13(1)(a) of Prevention of Corruption Act, in Crime No.4 of 2025, seeking anticipatory bail.

2.The case of the prosecution is that the petitioner who was working as MTS in Public Works Department, Puducherry, had collected water tax from the general public to the tune of Rs.3,90,780/- and misappropriated the said amount and did not remit the same in the accounts of the department and committed the aforesaid offence.

3.The learned counsel for the petitioner would submit that the allegation is that the petitioner had collected water tax in the year 2022; that thereafter a memo was issued to the petitioner by the PWD calling upon him to explain the discrepancies in the accounts; that the petitioner had remitted the misappropriated amount of Rs.3,90,780/- in two instalments i.e., he paid

Rs.1,99,975/- on 18.01.2023 and Rs.1,90,805/- on 20.01.2023; that considering the aforesaid facts, the custodial interrogation of the petitioner is not required and sought for anticipatory bail.

4.The learned Public Prosecutor (Puducherry) would reiterated the prosecution case and confirmed the payment of Rs.3,90,780/- misappropriated by the petitioner and submitted that it would not absolve him from the alleged offences and opposed the grant of anticipatory bail. 5.The allegation against the petitioner is that he had misappropriated a sum of Rs.3,90,780/-. Even according to the averments in the FIR, the petitioner had remitted the misappropriated amount of Rs.3,90,780/-. This Court is of the view that custodial interrogation of the petitioner is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. 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 of

receipt of copy of this order, before the learned Special Judge, (Vigilance & Anti-Corruption), Puducherry, on condition that the petitioner shall execute a bond for 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 said Magistrate, on further condition that:

[a] 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 once a week at 10.30 a.m., until further orders. [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness 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 reported in [(2005)AIR SCW 5560];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

29-04-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The State of Puducherry, Represented by its Inspector of Police, Vigilance and Anti-Corruption, (VAC) Puducherry. Crime No.4/2025 2.The Special Judge, (Village & AntiCorruption), Puducherry. 3.The Public Prosecutor, High Court of Madras, Madras.

SUNDER MOHAN J.

gbi CRL OP No. 11881 of 29-04-2025