High Court · 2025

Crl.O.P. No.16792 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 19.06.2025CORAM THE HON'BLE MR. JUSTICE M. NIRMAL KUMARCrl.O.P. No.16792 of 2025Ilanjudar ... Petitioner/ AccusedVs.The State Rep. By,The Inspector of Police,CSCID, South Chennai,Chennai.(Crime No.87 of 2025) ... RespondentPRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on anticipatory bail in the event of his arrest by the respondent police concerned in Crime No.87 of 2025, on the file of the respondent police. For Petitioner : Mr. G. Magesh KumarFor Respondent : Mr. R. Vinothraja Government Advocate (Crl. Side)******1/8 https://www.mhc.tn.gov.in/judis Crl.O.P. No.16792 of 2025O R D E RThe petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 6(2) and 6(3) of TN Scheduled Commodities (RDCS) Order, 1982 and Section 7(1)(a)(ii) of Essential Commodities Act, 1955 in Crime No.87 of 2025, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner herein worked as a Supervisor in a Fair Price Shop No.02OD103SK, Adambakkam-1; that on 26.03.2025, a surprise inspection was conducted during regular duty hours by the defacto complainant in the said shop and she found that there were shortage of essential commodities worth about of Rs.1,27,825/- due to misappropriation done by the petitioner herein. Hence, this case. 3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case and he had never committed any offence as alleged by the prosecution. He further submitted that the petitioner had already reported recurring rat infestation problems in the shop to the concerned authorities and further, 2/8 https://www.mhc.tn.gov.in/judis Crl.O.P. No.16792 of 2025electronic Point of Sale machine was repair and it was duly repaired by an official Engineer only on 15.03.2025. He further submitted that there are two other employees other than the petitioner herein in the said shop and the liability cannot be fixed only on the petitioner herein. He further submitted that the petitioner, without prejudice to his rights, is ready to deposit a sum of Rs.30,000/- to the credit of Crime Number before the learned Magistrate concerned; and that the petitioner is ready to produce solvent sureties and to abide by any stringent conditions that may be imposed by this Court and also undertake to appear and to co-operate for the investigation, and sought for anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and on instruction submitted that the petitioner, who is working as a Supervisor in a Fair Price shop at Adambakkam-1 was involved in misappropriation of essential commodities in the said Fair price shop worth about Rs.1,27,825/-; and that the investigation is pending, hence opposed the grant of anticipatory bail to the petitioner.3/8 https://www.mhc.tn.gov.in/judis Crl.O.P. No.16792 of 20255.Taking note of the facts and circumstances of the case, the nature of allegation against the petitioner, submissions made by the learned counsels on either side, the voluntary submission made by the learned counsel appearing for the petitioner regarding depositing a sum of Rs.30,000/- to the credit of Crime Number and since custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate-II, Kancheepuram on condition that the petitioner shall execute a separate 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:[a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stands automatically cancelled; 4/8 https://www.mhc.tn.gov.in/judis Crl.O.P. No.16792 of 2025[b] The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;[c] The petitioner shall deposit a sum of Rs.30,000/- (Rupees Thirty Thousands only) to the credit of Crime No.87 of 2025 before the learned Magistrate concerned and on such deposit, the learned Magistrate concerned shall re-deposit the same to any of the Nationalized bank under interest bearing scheme and disburse the same, at the time of completion of the trial or if any settlement arrived between the parties;[d] the petitioner shall report before the respondent police everyday at 10:30 a.m., for a period of two weeks and thereafter, as and when required for interrogation;[e] the petitioner shall not directly or indirectly cause any threat to the defacto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial;[f] the petitioner shall make himself available for interrogation by a Police office as and when required;5/8 https://www.mhc.tn.gov.in/judis Crl.O.P. No.16792 of 2025[g] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for Police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;[h] the petitioner shall not abscond either during investigation or trial;[i] 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]; [j] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS. 19.06.2025stn6/8 https://www.mhc.tn.gov.in/judis Crl.O.P. No.16792 of 2025To1. The Judicial Magistrate-II, Kancheepuram. 2. The Inspector of Police, CSCID, South Chennai, Chennai. (Crime No.87 of 2025) 3. The Public Prosecutor, High Court of Madras.7/8 https://www.mhc.tn.gov.in/judis Crl.O.P. No.16792 of 2025M. NIRMAL KUMAR, J.stn Crl.O.P. No.16792 of 202519.06.20258/8

Crl.O.P. No.16792 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 19.06.2025CORAM THE HON'BLE MR. JUSTICE M. NIRMAL KUMARCrl.O.P. No.16792 of 2025Ilanjudar ... Petitioner/ AccusedVs.The State Rep. By,The Inspector of Police,CSCID, South Chennai,Chennai.(Crime No.87 of 2025) ... RespondentPRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on anticipatory bail in the event of his arrest by the respondent police concerned in Crime No.87 of 2025, on the file of the respondent police. For Petitioner : Mr. G. Magesh KumarFor Respondent : Mr. R. Vinothraja Government Advocate (Crl. Side)******1/8 https://www.mhc.tn.gov.in/judis Crl.O.P. No.16792 of 2025O R D E RThe petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 6(2) and 6(3) of TN Scheduled Commodities (RDCS) Order, 1982 and Section 7(1)(a)(ii) of Essential Commodities Act, 1955 in Crime No.87 of 2025, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner herein worked as a Supervisor in a Fair Price Shop No.02OD103SK, Adambakkam-1; that on 26.03.2025, a surprise inspection was conducted during regular duty hours by the defacto complainant in the said shop and she found that there were shortage of essential commodities worth about of Rs.1,27,825/- due to misappropriation done by the petitioner herein. Hence, this case. 3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case and he had never committed any offence as alleged by the prosecution. He further submitted that the petitioner had already reported recurring rat infestation problems in the shop to the concerned authorities and further, 2/8 https://www.mhc.tn.gov.in/judis Crl.O.P. No.16792 of 2025electronic Point of Sale machine was repair and it was duly repaired by an official Engineer only on 15.03.2025. He further submitted that there are two other employees other than the petitioner herein in the said shop and the liability cannot be fixed only on the petitioner herein. He further submitted that the petitioner, without prejudice to his rights, is ready to deposit a sum of Rs.30,000/- to the credit of Crime Number before the learned Magistrate concerned; and that the petitioner is ready to produce solvent sureties and to abide by any stringent conditions that may be imposed by this Court and also undertake to appear and to co-operate for the investigation, and sought for anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and on instruction submitted that the petitioner, who is working as a Supervisor in a Fair Price shop at Adambakkam-1 was involved in misappropriation of essential commodities in the said Fair price shop worth about Rs.1,27,825/-; and that the investigation is pending, hence opposed the grant of anticipatory bail to the petitioner.3/8 https://www.mhc.tn.gov.in/judis Crl.O.P. No.16792 of 20255.Taking note of the facts and circumstances of the case, the nature of allegation against the petitioner, submissions made by the learned counsels on either side, the voluntary submission made by the learned counsel appearing for the petitioner regarding depositing a sum of Rs.30,000/- to the credit of Crime Number and since custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate-II, Kancheepuram on condition that the petitioner shall execute a separate 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:[a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stands automatically cancelled; 4/8 https://www.mhc.tn.gov.in/judis Crl.O.P. No.16792 of 2025[b] The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;[c] The petitioner shall deposit a sum of Rs.30,000/- (Rupees Thirty Thousands only) to the credit of Crime No.87 of 2025 before the learned Magistrate concerned and on such deposit, the learned Magistrate concerned shall re-deposit the same to any of the Nationalized bank under interest bearing scheme and disburse the same, at the time of completion of the trial or if any settlement arrived between the parties;[d] the petitioner shall report before the respondent police everyday at 10:30 a.m., for a period of two weeks and thereafter, as and when required for interrogation;[e] the petitioner shall not directly or indirectly cause any threat to the defacto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial;[f] the petitioner shall make himself available for interrogation by a Police office as and when required;5/8 https://www.mhc.tn.gov.in/judis Crl.O.P. No.16792 of 2025[g] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for Police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;[h] the petitioner shall not abscond either during investigation or trial;[i] 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]; [j] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS. 19.06.2025stn6/8 https://www.mhc.tn.gov.in/judis Crl.O.P. No.16792 of 2025To1. The Judicial Magistrate-II, Kancheepuram. 2. The Inspector of Police, CSCID, South Chennai, Chennai. (Crime No.87 of 2025) 3. The Public Prosecutor, High Court of Madras.7/8 https://www.mhc.tn.gov.in/judis Crl.O.P. No.16792 of 2025M. NIRMAL KUMAR, J.stn Crl.O.P. No.16792 of 202519.06.20258/8