Madras High Court
S.Ravi vs The State
Author: G.Chandrasekharan
Bench: G.Chandrasekharan
Crl.O.P.No.10599 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Orders reserved on Orders pronounced on
21.07.2023 27.07.2023
CORAM
THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN
Crl.O.P.No.10599 of 2023
S.Ravi ... Petitioner
Vs.
The State
The Inspector of Police
Vigilance and Anti-Corruption
Salem. ... Respondent
This Criminal Original Petition is filed under Section 438 Cr.P.C.
praying to enlarge the petitioner on bail in the event of his arrest in
connection with Crime No.5/AC/2018 pending on the file of the respondent
police.
For Petitioner : Mr.C.Elamurugan
For Respondent : Mr.N.S.Suganthan
Government Advocate (Crl. Side)
ORDER
This Criminal Original Petition is filed for enlarging the petitioner on bail in the event of his arrest in connection with Crime No.5/AC/2018 pending on the file of the respondent police.
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2. It is the submission of the learned counsel for the petitioner that the petitioner is A4 in Crime No.5/AC/2018 registered for the offences under Sections 120(B), 167, 465, 467, 468, 471, 474, 477-A, 409, 420 IPC, 13(2) read with 13(1)(c) and 13(1)(d) of Prevention of Corruption Act. He is a senior citizen and was working as Assistant Director (Audit), Rural Development. Now, he is retired from service. He has not involved in the alleged cheating and misappropriation of the Government funds with A1 and A2 in their capacity of Panchayat President and Vice President respectively in Koonandiyur Village. He is willing to cooperate with the investigation and thus, he seeks anticipatory bail. He relied on the judgment of Allahabad High Court between Ratan Singh ..vs.. C.B.I. Anti Corruption Branch for the proposition that when the accused is prepared to cooperate with the investigation and there is no likelihood of absconding, the accused can be granted anticipatory bail.
3. In response, learned Government Advocate (Crl. Side) submitted that the accused 1 and 2 colluded in creating false records and misappropriated a total sum of Rs.25,55,511/-. They misappropriated this 2/7 https://www.mhc.tn.gov.in/judis Crl.O.P.No.10599 of 2023 amount for doing some work, but in reality, without doing any work, the amounts are misappropriated by fabricating the bills. Unattended work related to maintenance and repair works in respect of water pipelines and street lights in Koonandiyur village panchayat, Mettur Taluk. A3 prepared a reply for audit objection for a sum of Rs.25,55,511/-, as if the work was done. When it was sent to the petitioner for dropping of further action, petitioner, without verifying the audit objection and the reply, dropped further action, by his proceedings in ROC No.1171/2016/A4 dated 23.09.2016. Thus, caused a loss to the Government exchequer to the extent of Rs.25,55,511/-. Investigation in this case is completed and preparation of draft final report is in progress.
4. Considering the allegations made against the petitioner that he has no direct role in the alleged misappropriation of the amount, but only ordered dropping of further action on the recommendation of report of A3 and that the investigation in this case is completed and custodial interrogation of the petitioner is not necessary, this Court is inclined to grant anticipatory bail to the petitioner with conditions. 3/7 https://www.mhc.tn.gov.in/judis Crl.O.P.No.10599 of 2023
5. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of his arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Special Judge, Special Court, Salem on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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/Trial Court concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that:
[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate/Trial Court 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 daily at 10.30.a.m., until further orders.
[c] the petitioner shall not abscond either during investigation or trial.4/7
https://www.mhc.tn.gov.in/judis Crl.O.P.No.10599 of 2023 [d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[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].
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
mra 27.07.2023
Index :Yes/No
Internet:Yes
Speaking Order/Non-speaking Order
To
1. The Special Judge
Special Court
Salem.
2. The Inspector of Police
Vigilance and Anti-Corruption
Salem.
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Crl.O.P.No.10599 of 2023
3. The Public Prosecutor,
Madras High Court,
Chennai.
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Crl.O.P.No.10599 of 2023
G.CHANDRASEKHARAN,J.
mra
order in
Crl.O.P.No.10599 of 2023
27.07.2023
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