The court allowed anticipatory bail to the petitioner in connection with an FIR alleging misappropriation of PDS commodities under Sections 409 IPC and PC Act. The court directed the petitioner to cooperate with the investigation.
Anticipatory bail allowed; direction to cooperate with investigation; officer to release on bail if arrested.
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ABLAPL No.15087 of 2016
07.12.2016 Heard learned counsel for the petitioner and learned Addl. Standing Co
unsel for the Vigilance Department.
The learned Addl. Standing Counsel for the Vigilance Department submit
s that in the meantime FIR has been registered against the petitioner for the alleged commissi
on of offence under Sections 409 of the IPC read with Section 13(2) read with Section 13(1)(c)
of the P.C. Act in V.G.R. Case No.17/2016(V) of the court of learned Special Judge, Vigilance
Jeypore, arising out of Koraput Vigilance P.S. Case No.35/216.
It is apparent from the records that the allegation against the petiti
oner is that he misappropriated PDS commodities amount of Rs. 4,00,000/-. The petitioner happe
ns to be public servant and permanent resident of Arkabahalipada, P.S.Bhawanipatna, Dist. Kala
handi. Hence, there is no chance of his absconding from the process of law. There is no allega
tion from the prosecution side that the petitioner shall tamper with the prosecution evidence
if released on bail. Moreover, the petitioner is cooperating with the Investigating Officer of
the case and there is no reasonable apprehension that he should not be cooperated with the I.
O. in investigation of the case.
Hence, the ABLAPL is allowed. In the event of his arrest in the afores
aid case, the petitioner shall be released on bail by the arresting officer on such terms and
conditions as deemed just and proper by him.
However, the petitioner is directed to go on cooperating with the inve
stigation of the case.
Urgent certified copy of this order be granted as per rules.
1 issue framed by the court
Whether bail shall be granted in this application pending the registration of an FIR in V.G.R. Case No.17/2016(V).
Petitioner
Vigilance Department
As recorded by the court registry
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