V Asaithambi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-02-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO. 2087 of 2025 V Asaithambi S/O. Vadivel, Katchirayanatham, Kotteri Post, Virudhachalam Taluk, Cuddalore District Petitioner(s) Vs State Rep By The Inspector of Police, CCIW CID, (Now Economic Offence Wing), Cuddalore, Cuddalore District. (Cr.No. 1 of 2025) Respondent(s) For Petitioner(s):

C Prakasam For Respondent(s):

Mr.S.Balaji, Government Advocate (Crl.Side)

ORDER

The Petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 316 of BNS in Crime No.1 of 2025, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused had misappropriated funds to the tune of Rs.7,44,639.75/- 1/4

lakhs from the Edachithur Primary Agricultural Co-operative Credit Society. Hence, the case.

3.The learned counsel for the petitioner would submit that the petitioner is the Additional Secretarty of the above said co-operative society; that the petitioner has duly repaid along with interest and the custodial interrogation of the petitioner is not necessary in this case. Hence, he prayed for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl. Side) would submit that the petitioner along with other accused had misappropriated funds to the tune of Rs.7,44,639.75/- lakhs from the Edachithur Primary Agricultural Co-operative Credit Society and the amount have been repaid; that the petitioner is ranked as A2 and he is the Additional Secretary of the above said co-operative society; that the petitioner has no previous case pending against him. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and perused the 2/4

materials available on record.

6.Considering the nature of allegation, the fact that the misappropriated amount has already been repaid by the petitioner, the case is borne out by records and since custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions (a) Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate No.II, Panruti, Cuddalore 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 respondent police or the police officer who intends to arrest or to the satisfaction of the said Magistrate, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [b] the petitioner shall report before the respondent police daily at 10.30 a.m, until further orders.

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SUNDER MOHAN, J.

drl (c) the petitioner shall not tamper with evidence or witness either during investigation or trial;

[d] the petitioner shall not abscond either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned 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];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

05-02-2025 (3/3) To

1. State Rep By The Inspector of Police, CCIW CID, (Now Economic Offence Wing), Cuddalore, Cuddalore District.

(Cr.No. 1 of 2025) 4/4