Mathimaran vs State

G.Ilangovan, J

The petitioner/SoleAccused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 6(3) of TNSC (RDCS) order 1982 r/w. Section 7(1)(a)(ii) of Essential Commodities Act, in Crime No.71 of 2023 on the file of the respondent Police, seeks anticipatory bail.

The case of the prosecution is that on inspection, the Inspection Authorities found that there is shortage of 394 Kgs of Wheat in Kulathur Angadi shop and 228 Kgs of Wheat in Theeyathur Angadi shop. Since the petitioner is the Salesman of the above said shops, the complaint has been registered against him.

The learned counsel for the petitioner submitted that petitioner is innocent and he has been falsely implicated in this case. The petitioner is salesman for both the Angadis. The wheat packages were unloaded at the two shops six months back. So many wheat bags were infested with insects and it became unfit for human consumption. The infested wheat were segregated seperately and it were thrown out. The petitioner informed Secretary of the Theeyathur Co-Operative Credit Society about the above incident. Since the petitioner is responsible for the daily affairs of the above said two shops, he has paid Rs.9,850/- towards Kulathur Angadi shop and Rs.5,700/- towards Theeyathur Angadi Shop on 29.05.2023 for the shortage of wheat to show his bonafideness.

The learned Additional Public Prosecutor would submit that on the basis of the above said irregularity, apart from filing the criminal case, Departmental Proceedings were intiated and also steps taken for suspension. Pending the above said Departmental Proceedings, the petitioner has deposited Rs.15,550/- on 29.05.2023 and voucher is also included in the typeset of papers. There is no previous case pending against the petitioner.

The learned Additional Public Prosecutor may confirm the above said deposit made by the petitioner.

Considering the facts and circumstance of this case and considering that no previous case is pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.

Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the Special Court for EC and NDPS Act, Cases, Pudukkottai District, 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 learned Magistrate concerned and the petitioner shall appear before the respondent Police Httpsdaily at.10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.