L.Gunasegar v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.09.2025

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.24272 of 2025 L.Gunasegar ... Petitioner -vsThe State of rep by, The Inspector of Police, Vigilance & Anti Corruption Police Station, Puducherry.

(Crime No.07 of 2025) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 483 of BNSS Act, pleased to enlarge the Petitioner on bail in connection with Crime No.07 of 2025 on the file of the respondent police. For Petitioner :

Mr.W.Camyles Gandhi For Respondent :

Mr.K.S.Mohandass, Public Prosecutor (P) ************

ORDER

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The Petitioner, who was arrested and remanded to judicial custody on 18.06.2025 for the alleged offences punishable under Sections 316(5) of BNS, 2023, 13(2) and 13(1)(a) of Prevention of Corruption Act, 1998 in Crime No.07 of 2025 on the file of the respondent police, seeks bail.

2. The case of prosecution is that the Petitioner submits that he was working as Sheristadar of District Court, Karaikal from 24.02.2025 and he was in the Disciplinary enquiry and now he was under suspension. In the Disciplinary proceedings the Hon'ble Chief Judge, Puducherry has ordered for the break and open of iron safe box, wherein the valuable case properties have been kept. He was having the custody of 11 items of valuable case properties. Hence this case.

3. The learned counsel for the Petitioner submitted that the Petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of bail.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that the Petitioner misappropriated the valuable case properties which are in Court custody. However, he would vehemently opposed to grant bail to the Petitioner.

5. Considering the facts and circumstances and also the fact that the 2/6

investigation almost completed and considering the period of incarceration undergone by the Petitioner, this Court is inclined to grant bail to the Petitioner with certain conditions.

6. Accordingly, the Petitioner is ordered to be released on bail on executing separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties which is one must be a blood surety, for a like sum to the satisfaction of the learned Judicial Magistrate, Karaikal, and on further conditions 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 on every Tuesday at 10.30 a.m. for the period of three months;

(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;

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(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 [(2005) AIR SCW 5560]; and;

(h) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

10.09.2025 rna Note :

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

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To 1.The learned Judicial Magistrate, Karaikal 2.The Inspector of Police, Vigilance & Anti Corruption Police Station, Puducherry.

3.The Superintendent of Prison, Sub Jail, Karaikal.

4.The Public Prosecutor, Puducherry.

T.V.THAMILSELVI, J.

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