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Madras High CourtCRL OP/31635/2025granted

Janakiraman v. The State Rep By, The Inspector Of Police,

2025-11-24Honourable Mr.Justice K.Rajasekar9 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.11.2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO. 31635 of 2025 1.Janakiraman 2.B.Jayanthi 3.J.Venkatesaprasanna 4.J.Ganesha Kaarthik

...Petitioners

Vs The State; Represented by The Inspector of Police V & AC Unit Police Station Puducherry Crime No. 3 of 2023.

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of their arrest pending investigation in Cr.No. 3 of 2023 on the file of the respondent police.

For Petitioners : Mr.M N Balakrishnan For Respondent : Mr.S.Udayakumar Government Advocate (Criminal Side) ---- 1/7

O R D E R

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 409, 420 of IPC r/w 34 IPC and Section 13(1)(a) of Prevention of Corruption Act, in Crime No. 03 of 2023, on the file of the respondent Police, seeks anticipatory bail.

2. The allegation against the petitioners is that on 08.09.2023 at 14.30 hours a complaint was lodged by Marie Josephine Chitra, OSD (Health), Puducherry against Mr.S.Natarajan, the then Pharmacist, National Rural Health Mission (NRHM), Puducherry & other officials of NRHM, Puducherry, in which, it is stated that during the year 2019, M/s.Sairam Agency and M/s.Shri Batmajothi Enterprises had supplied various medicines which was administered to the pregnant women by Primary Health Centres, Community Health Centres and Educational Institutions were found 2/7

containing sediments and emanating pungent smell and unsuitable for distributing to the students. The vitamin "A" solutions were also found intolerant to children causing vomiting and sickness. The medicines are substandard quality. During the procurement of the medicines, Mr.S.Natarajan, Pharmacist, and other officials of National Rural Health Mission (NRHM), Puducherry, have been involved in many misconducts of serious nature, such as, supply of sub-standard medicines to PHCs/CHCs and Educational Institutions, and procurement of medicines from the agencies run by his wife and friend and caused huge revenue loss to the Government to the tune of Rs.44,03,252/-. Hence the case.

3. The learned counsel for the petitioners submits that the petitioners have been falsely implicated based on the confession statement of the coaccused and the agencies were not run by the petitioners. He further submits that the main accused A1 and other co-accused had already arrested and released on bail in Crl.O.P.No. 30992 of 2025 dated 13.11.2025. He further 3/7

submits that the offence alleged to have taken place in the year 2019, the FIR was registered in the year 2023 and recently, the respondent police initiated the investigation.

He further submits that the custodial interrogation of the petitioner is not necessary. He also submits that the petitioners are ready to abide by any conditions that may be imposed by this Court and ready to furnish sufficient solvent sureties for their release. Hence, he prays for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (Criminal side) appearing for the respondent police, reiterated the prosecution case and submits that these petitioners are the main accused and they have involved for the supply of various furious medicines. He further submits that many transactions were made by the accused persons. He further submits that investigation is pending. Therefore, he strongly opposed for grant of anticipatory bail to the 4/7

petitioners.

5. I have also gone through the records, it reveals that the supply of medicines took place in the year 2019 and the FIR was registered in the year 2023. Already the main accused and other co-accused in this case were arrested and released on bail as per various orders passed by this Court. Further, the allegation against the petitioners is that the supply of furious medicines and in this regard, already preliminary inquiry is completed. Hence, I am of the view that the custodial interrogation of the petitioners not necessary, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Principal District and Sessions Judge, Puducherry, on condition that the 5/7

petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that: (a) If the petitioners fail to surrender before the concerned Magistrate, within a period of fifteen days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

[b] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[c] the petitioners shall report before the respondent Police daily at 10.30 a.m for a period of four weeks and thereafter, as and when required for interrogation;

[d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in 6/7

accordance with law as if the aforementioned 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)13 SCC 283];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 24.11.2025 MSM To 1.The Principal District and Sessions Judge, Puducherry.

2.The Inspector of Police V & AC Unit Police Station Puducherry Crime No. 3 of 2023.

3. The Public Prosecutor, High Court of Madras.

7/7

K.RAJASEKAR , J.

MSM Crl.O.P.No. 31635 of 2025 8/7

24.11.2025 9/7