M.Ramkumar v. The State

Crl.O.P.No.19060 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 31.07.2025CORAMTHE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Crl.O.P.No.19060 of 2025M.Ramkumar.. Petitioner/Sole AccusedVs.The State Rep by, The Inspector of Police, CSCID Police Station, Thiruvallur District. (Crime No.219 of 2025).. RespondentPRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in connection with Crime No.219 of 2025 on the file of the respondent police. For Petitioner: Mr.M.D.IlayarajaFor Respondent: Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)Page No.1 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19060 of 2025ORDERThe petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 6(ii)(iii) TNSC (RDCS) Order 1982 r/w 7(i)(a)(ii) EC Act 1955 in Crime No.219 of 2025, seeks anticipatory bail.

The case of the prosecution is that the the petitioner, who is working as a Salesman in Kuthambakkam Co-operative Society, was found to have misappropriated goods during a search conducted by the de facto complainant / Registrar of Cooperative Society, Poonamallee. It is alleged that 9972 kgs of rice and only 100 kgs of sugar, dhal, and oil were found, and there is a shortage of Rs.3,47,136/-. Hence, the case.

Learned counsel appearing for the petitioner submits that the petitioner is innocent, has not committed any offence, as alleged by the prosecution and has been falsely implicated in this case. He further submits that the petitioner is ready and willing to deposit a sum of Rs.50,000/- without prejudice to the right of his contention in other proceedings to be initiated under the Cooperative Societies Act and the above case. Hence, he Page No.2 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19060 of 2025prays to grant anticipatory bail to the petitioner.

Learned Government Advocate (Crl. Side) appearing for the respondent Police while opposing the grant of anticipatory bail to the petitioner reiterated the prosecution case.

Heard both sides and perused the materials available on record.

Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions that the petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousand Only) to the credit of Crime No.219 of 2025, and on such deposit, the same shall be re-deposited in an interest earning fixed deposit, 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 District Munsif-cum-Judicial Magistrate-I, Thiruvallur, on condition that the petitioner shall 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 respondent police or the police officer who intends to arrest or to the satisfaction of the Page No.3 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19060 of 2025learned Magistrate concerned, and on proof of payment of deposits, 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 stand automatically cancelled; [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 report before the respondent Police for a period of two weeks and thereafter, as and when required for further interrogation; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial;[e] the petitioner shall make himself available for interrogation by a Police office as and when required;[f] 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; Page No.4 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19060 of 2025[g] the petitioner shall not abscond either during investigation or trial;[h] 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.