D.Uthayakumar v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the Twenty Sixth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.19800 of 2021 D.UTHAYAKUMAR [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION, VELLORE CRIME NO.13/2021 For Petitioner : M/S.S.DORAISAMY Advocate For Respondent : MR. C.E.PRATAP, Govt. Advocate ( Crl. Side) 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 alleged offence under Sections 13(2) r/w. 13 (1)(c) & (d) of the Prevention of Corruption Act, 1988 and Sections 120(b), 167, 420, 465, 468, 471, 477(A), 409 r/w. 109 of I.P.C. in Cr.No.13 of 2021 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that A1 is the former General Manager and A2 is the former Assistant General Manager of the Vellore and Thiruvannamalai District Co-operative Milk Producers Union Limited, Vellore [VTDCMPU (AAVIN)] and during the year 2017 and 2018, A1 and A2 conspired with A3 to A6, executed the transaction of purchase of 40 RO Water Plant for 4 Milk Chilling Centre and 36 Bulk Milk Coolers. In the same transaction, they caused loss to the tune of Rs.1,69,17,770/- to C-1325 Vellore and Thiruvannamalai District Co-
operative Milk Producers Union Limited, Vellore (Aavin), without inviting any tender as per the Tamil Nadu Transparency in Tenders Act, 1998 and the Tamil Nadu Transparency in Tender Rules, 2000. The petitioner is arrayed as A3.
3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution. He further submitted that the petitioner received contract for installing 18 RO Water Plants, which he completed and handed over to VTDCMPU Limited, Vellore, in good working condition and if there is any corruption committed, it is only by A1 and A2 and the petitioner who is A3 is not responsible and further submitted that the petitioner did not violate the conditions issued by A1 and A2. 4.The learned Government Advocate submitted that the total amount involved in the case is a huge amount and investigation is at preliminary stage and vehemently opposed for grant of anticipatory bail to the petitioner.
5.A1 is the former General Manager and A2 is the former Assistant General Manager of the Vellore and Thiruvannamalai District Cooperative Milk Producers Union Limited, Vellore [VTDCMPU (AAVIN)] and it is alleged that during the year 2017 and 2018, they conspired with A3 to A6, and caused loss to the tune of Rs.1,69,17,770/- to C-1325 Vellore and Thiruvannamalai District Co-operative Milk Producers Union Limited, Vellore (Aavin) for purchase of 40 RO Water Plant for 4 Milk Chilling Centre and 36 Bulk Milk Coolers. 6.This Court perused the F.I.R. and feels that all is not well in the functioning of the (AAVIN) and the Management of Vellore and Thiruvannamalai District Co-operative Milk Producers Union Limited, Vellore.
Hence, considering the fact that huge amount is involved in the case and since investigation is at preliminary stage, this Court is not inclined to grant anticipatory bail to the petitioner. 7.This criminal original petition is accordingly dismissed. -sd/- 26/10/2021 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 PUBLIC PROSECUTOR HIGH COURT, MADRAS.
2 THE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION, VELLORE.
+1 CC to M/S.S.DORAISAMY Advocate on payment of necessary charges SR.NO.11831 CRL OP.19800/2021 Date :26/10/2021 RW 29/10/2021