V.Gangadharan Vs State Rep by — Anticipatory Bail | Madras HC (2025)

V.Gangadharan Vs State Rep by — Anticipatory Bail | Madras HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on bail in the event of arrest or on appearance before the Judicial Magistrate No.1, Thiruvannamalai within fifteen days, on a Rs.10,000 bond with two like-sum sureties, subject to conditions including daily reporting before the respondent police at 10.30 a.m. until further orders.

Issue for consideration

Whether anticipatory bail should be granted to petitioner V.Gangadharan, who apprehends arrest at the hands of the respondent police in Crime No.187 of 2024 (alleged misappropriation of fair-price-shop PDS stocks and cash), pursuant to his Section 482 BNSS application.

Court's answer

Considering the nature of the allegations, the repayment of the misappropriated amount by the petitioner, and that custodial interrogation is not required for the investigation, this Court inclined to grant anticipatory bail with certain conditions.

Ratio / Principle

Petitioner ordered to be released on bail in the event of arrest or on his appearance within fifteen days from the date the order copy is made ready, before the Judicial Magistrate No.1, Thiruvannamalai, on execution of a Rs.10,000 bond with two sureties for a like sum, failing which the anticipatory-bail petition shall stand dismissed.

Key takeaways

Further conditions imposed: petitioner and sureties to affix photographs and Left Thumb Impression on the surety bond with Aadhaar card/bank passbook identity verification; petitioner to report before the respondent police daily at 10.30 a.m. until further orders; no tampering with evidence or witnesses during investigation or trial; no absconding during investigation or trial.ratio¶27
On breach of any of the imposed conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law, treating the conditions as its own imposition, as laid down by the Supreme Court in P.K.Shaji v. State of Kerala; and if the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.ratio¶32

Detailed headnote1 paragraphs

Madras High Court (Sunder Mohan J.), by order dated 05.02.2025 in Crl.O.P.No.2473 of 2025, allowed a Section 482 Bharatiya Nagarik Suraksha Sanhita, 2023 application and granted anticipatory bail to V.Gangadharan, who apprehended arrest in Crime No.187/2024 (C.S.C.I.D. Police Station, Thiruvannamalai) for offences under S.6(2),(3) of The Scheduled Commodities (RDCS) Order 1982 r/w S.7(1)(a)(ii) of the Essential Commodities Act, 1955, arising from alleged misappropriation at Malamanjanur Pudur Fair Price Shop of PDS rice 2715 kg, sugar 81.50 kg, wheat 331 kg, dhall 91 kg, oil 29 kg and cash Rs.15,920/-. Grant rested on the nature of allegations, the petitioner's payment of Rs.1,66,150/-, and absence of need for custodial interrogation. Petitioner to appear/be released before the Judicial Magistrate No.1, Thiruvannamalai within fifteen days on a Rs.10,000 bond with two like-sum sureties, with daily 10.30 a.m. reporting and conduct conditions; breach empowers Magistrate/Trial Court action per P.K.Shaji v. State of Kerala (2005) AIR SCW 5560, and subsequent absconding permits a fresh FIR under S.269 BNS.