G.Kumar v. The State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.04.2025
CORAM
THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.13329 of 2025 G.Kumar .. Petitioner Vs.
The State rep by The Inspector of Police, CSCID - Chennai, Chengalpattu Police Station, Chengalpattu District.
(Crime No.64 of 2025) .. 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.64 of 2025 on the file of the respondent Police.
For Petitioner : Mr.D.Padmanabhan 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), 6(3) of TNSC Page No.1 of 6
(RDCS) Order 1982 r/w Section 7(i)(a)(ii) of EC Act, 1955, in Crime No.64 of 2025, seeks anticipatory bail.
2.
The case of the prosecution is that the respondents received a complaint from Supply Officer of fair price shop, Chengalpattu District that during investigation at the shop, there was a shortage of rice, oil, sugar and lentils to the tune of Rs.9,71,875/-; that after enquiry, it came to light that the petitioner along with the other accused had committed the aforesaid offences. Hence, the case.
3.
The learned counsel appearing for the petitioner submitted that the petitioner is innocent; that he has no bad antecedents and prayed for anticipatory bail to the petitioner.
4.
The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions submitted that the petitioner has no bad antecedents.
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5.
Taking note of the facts and circumstances of the case, the nature of allegations against the petitioner and considering the fact that the allegations are borne out by records and that the petitioner has no bad antecedents, this Court is of the view that custodial interrogation of the petitioner is not required for the purpose of investigation and hence, 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 his appearance, within a period of fifteen days from the date on which the order copy is made ready, before the Judicial Magistrate Court No.II, Chengalpattu District, 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 Page No.3 of 6
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 Petitioners in accordance with law as if the conditions have been imposed and the Petitioners 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.
29.04.2025 Jai Page No.4 of 6
To 1.The Inspector of Police, CSCID - Chennai, Chengalpattu Police Station, Chengalpattu District.
2.The Judicial Magistrate No.II, Chengalpattu District. 3.The Public Prosecutor, Madras High Court, Chennai.
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SUNDER MOHAN , J.
jai Crl.O.P.No.13329 of 2025 29.04.2025 Page No.6 of 6