S.Ramkumar v. The State Rep By Its,

G.K.ILANTHIRAIYAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 6(2) and 6(3) of Tamil Nadu Scheduled Commodities (RDCS) Order, 1982, in Crime No.199 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. It is the case of the prosecution that the petitioner had committed certain lapses leading to commodities shortage during the inspection conducted by the Manager, Distribution-II, TNCSC, Chennai (North) on 05.06.2022.

3. The learned counsel appearing for the petitioner would submit that the petitioner is working as Bill Clerk and the petitioner is ready and willing to abide any condition imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner misappropriated to the tune of Rs.1,95,450/-. Due to which, they caused loss to the Government. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances, and also taking note of the fact that the shortage amount has been deposited by the petitioner. Therefore, custodial interrogation of the petitioner does not required in this case, this Court is inclined to grant anticipatory bail to the petitioner on condition that the petitioner shall donate 10 bags containing 50 kgs of raw rice and 2 bags containing 25 kgs of Door dhal to All the Children Trust, Ts.No.39/40, 2nd Palla Street, Landmark- [Ambedkar College], Vyasarpadi, Chennai-600 039, Ph - 8056034246 and on such donation, the petitioner is ordered to be released on bail.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the VI Metropolitan

Magistrate Court, Egmore, and on his executing 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 learned Magistrate concerned and the petitioner shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy is made ready, 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 the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; [b] the petitioner shall donate 10 bags containing 50kgs of raw rice and 2 bags containing 25 kgs of Toor dhal to All the Children Trust, Ts.No.39/40, 2nd Palla Street, Landmark-[Ambedkar College], Vyasarpadi, Chennai-600 039, Ph - 8056034246. [c] the petitioner shall report before the respondent police daily Morning at 10.30 a.m., and Evening at 5.30 p.m, for a period of four weeks and thereafter as and when required for interrogation.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[e] the petitioner shall not abscond either during investigation or trial;

[f] 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]; and;

[g] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

04.08.2022 ata

G.K.ILANTHIRAIYAN, J.

ata 04.08.2022