M.Kanagavel v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.02.2022
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.2103 of 2022 M.Kanagavel ..Petitioner Vs.
State Rep by The Inspector of Police, Central Crime Branch (Forgery Wing) Veperi, Chennai.
(Crime No.283 of 2020)
...Respondent
PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.283 of 2020 on the file of the respondent police. For Petitioner : Mr.K.Elangovan For Respondent : Mr.N.S.Suganthan Government Advocate (Crl. Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 16.12.2021 for the offences under Sections 406, 465, 468, 471, 34, 109 of IPC in Crime No.283 of 2020, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the defacto complainant is residing at U.S , started a company in the name and style of M/s.Reveille Technologies Pvt.Ltd in India and it was floated by the defacto complainant's wife. It is alleged that both the defacto complainant and his wife had given the Power of Attorney in favour of the petitioner to deal with all the transactions in their absence and the petitioner was inducted as Board Member in the year 2008. Thereafter, they came to know that the petitioner along with his family members indulged in serious act of forgery and cheated the defacto complainant to the tune of Rs.34,20,000/- . Further taking advantage of the Power of Attorney and blank signed papers, he had closed the Fixed Deposits and transferred the amount to the SB account opened in the name of the defacto complainant and his wife and withdrawn amounts illegally amounting to a total of Rs.1,35,42,000/-and subsequently the petitioner had forged and
withdrawn in total of Rs.13,00,000/- through two cheques for a sum of Rs.7,50,000/- and another for a sum of Rs.5,50,000/- and deposited the same in the account of his daughter. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case. He also submits that the balance sheet and annual reports of the company during the period in which the misappropriation of funds is alleged to have been taken place have been duly verified by the defacto complainant's wife and also submits that the allegation of misappropriation of said amount to the account of his daughter is not true and further he utilized the said amount for the welfare of the company.
He further submits that the petitioner has been suffering incarceration for 47 days from 16.12.2021. However, on instructions, he furthermore submits that without prejudice to his rights, on his own volition is ready to deposit an amount of Rs.5,00,000/- to the credit of Crime Number 283 of 2020. Hence, he would pray for grant of bail to the petitioner. 4.The learned Government Advocate (Crl. Side) would raise strong objection stating that the defacto complainant is an NRI and the petitioner was given power of attorney by the defacto complainant and his wife to deal with the transactions on behalf of them. He further submits that the petitioner had cheated the defacto complainant and siphoned off more than Rs.2 Crores. He also submits that already this Court granted anticipatory bail to the petitioner with direction to deposit Rs.
50,00,000/- and for not depositing the amount, this Court had dismissed the anticipatory bail petition on 02.08.2021.
5. In view of the above submissions that the alleged occurrence is said to be happened in the year 2019 and considering that all the transactions are supported with the documents and if he released on bail, he will not tamper the evidence and also considering the undertaking given by the petitioner that he is ready to deposit an amount of Rs.5,00,000/- to the credit of Crime No.283 of 2020, this Court is inclined to grant bail to the petitioner on certain conditions.
(a) the petitioner is ordered to be released on bail on executing his own bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), before the Superintendent of the concerned prison, in which the Petitioner has been confined and thereafter on his release; (b) the petitioner shall deposit a sum of Rs.5,00,000/- (Rupees Five Lakhs only) to the credit of Crime No.283 of 2020 before the learned Chief Metropolitan Magistrate, Egmore and on such deposit, the defacto complainant is permitted to withdraw the said deposit amount of Rs.5,00,000/- on proper identification and acknowledgment;
(c) the petitioner shall execute two sureties for a sum Rs.10,000/- (Rupees Ten Thousand only), before the learned Chief Metropolitan Magistrate, Egmore within 15 days from the date of commencement of the Court's normal functioning, failing which, the bail granted by this Court shall stand dismissed automatically; (d)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (e) the petitioner shall report before the respondent police on every Monday, Wednesday and Saturday at 10.30 a.m. until further orders.
(f) the petitioner shall not commit any offences of similar nature;
(g) the petitioner shall not abscond either during investigation or trial;
(h) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(i) on breach of any of the aforesaid conditions, the learned Judicial 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];
(j) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
-sd/- 01/02/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI 2 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI 3 THE INSPECTOR OF POLICE CENTRAL CRIME BRANCH (FORGERY WING) VEPERI, CHENNAI 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+2 CC to M/S.K.ELANGOVAN Advocate on payment of necessary charges Sr.1574 CRL OP.2103/2022 Date :01/02/2022 RVR 02/02/2022