M.MAGESH Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 24/5/2022 for the offences punishable under Ss. 166, 167, 420, 120B of IPC @ 166, 167, 420, 465, 467, 468, 471, 409, 120(b) of IPC in crime No.1 of 2022 on the file of the respondent police, seeks bail.

(2.) The case of the prosecution is that during 1/10/2020 to 30/9/2021, the officers who worked in the TNSCS, Vellore &Tiruvannamalai Regional Office and the staff who worked in the direct paddy procurement centers, in collaboration with individuals, procured paddy at the direct paddy procurement centers without proper scrutiny. The defacto complainant i.e. Regional Manager, Tamilnadu Civil Supplies Corporation, Vellore Region had lodged a complaint against all TNCSC Vellore Regional Office Officers and Staff related to paddy procurement to take appropriate action against them, who had cheated the Government by not implementing the Government scheme properly for personal gain and misuse of the state scheme and causing loss to the state by not giving subsidy to the farmers. As far as the petitioner herein is concerned he along with the other staff of Tamilnadu Civil Supply Corporation, Vellore Region, had procured the paddy from the individuals without verifying the land documents.

(3.) The learned counsel for the petitioner would submit that the petitioner has been implicated as an accused only on the confession statement of other accused persons and there is absolutely no evidence to show that the petitioner received commission as alleged by the prosecution. He is the Superintendent of TNCSC, Vellore at the time of occurrence and at present, he is working at Pudukottai region. During his service, the petitioner purchased paddy from farmers directly in Vellore region after verifying proper bills. He further submitted that the petitioner was arrested and remanded to judicial custody on 24/5/2022. Even according to the case of the prosecution, as far as this petitioner, the petitioner received commission of Rs.29,68,705.00 while purchasing paddy from the merchants. He is now suspended from service and also he is facing disciplinary proceedings initiated by the Department