Stalin v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.12.2023

CORAM

THE HON'BLE MR. JUSTICE P.DHANABAL Stalin ... Petitioners Vs.

The State rep by Station House Officer, EOW-Cuddalore Police Station, Cuddalore Crime No.06 of 2023 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner / Accused on bail in Crime No.06 of 2023 pending on the file of the respondent Police. For Petitioner : Mr.N.U.Presanna For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor

ORDER

The petitioner who was arrested and remanded to judicial custody on 21.11.2023 for the offences punishable under Sections 408, 471 and 477A 1/5

of IPC in Crime No.06 of 2023 on the file of the respondent Police, seeks bail.

2.The case of the prosecution is that the petitioner is pharmacist at Co-operative Society at Cuddalore and he has committed a offence by mishandling medicines worth of Rs.7,18,061/-. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He also submitted that the allegation has to be proved only by an audit report which was not done. He further submitted that the petitioner has been in judicial custody from 21.11.2023 and hence, he seeks for granting of bail to the petitioner.

4.The learned Additional Public Prosecutor for the respondent submitted that the petitioner has committed a offence by mishandling medicines worth of Rs.7,18,061/-. Hence, she opposed for granting of bail to the petitioner.

5.Heard both side and perused the materials available on record. 2/5

6.Considering the rival submissions made on either side and taking into consideration the period of incarceration undergone by the petitioner and considering the fact that the audit report has not been filed, I am inclined to grant bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute 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 Judicial Magistrate-I, Cuddalore, and on further conditions that: [b] the petitioner shall report before the respondent police everyday at 10.00 a.m. until further orders.

[c] the petitioner shall not commit any offences of similar nature. [d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Judicial 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 3/5

Kerala [(2005)AIR SCW 5560].

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

28.12.2023 smn/shl To

1. The Judicial Magistrate-I, Cuddalore

2. Station House Officer, EOW-Cuddalore Police Station, Cuddalore

3. The Central Prison, Cuddalore.

4. The Public Prosecutor, High Court of Madras.

4/5

P.DHANABAL, J.

smn/shl 28.12.2023 5/5