Sundarapandiyan v. The State Rep. By Its The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Sundarapandiyan ... Petitioner Vs.

The State represented by, The Inspector of Police, Moongilthuraipattu Police Station, Kallakurichi District.

(Crime No.25 of 2025). ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail, in connection with the Crime No.25 of 2025, pending investigation on the file of the respondent Police. For Petitioner : M/s.R.Raji For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 14.02.2025, seeking bail in Crime No.51 of 2025 registered for the offence under Sections 318(4) (420 of IPC), 336(3) (468 of IPC) 340 (1) (470 of IPC) and 62 ( 511 of IPC) of BNS, 2023.

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2. The case of the prosecution is that, petitioner was working as a Temporary Piece - Rate Sugar cane Assistant in the Kallakuichi Co-operative Sugar Mill; that the petitioner had recommended loan to one M/s. Chenni on the basis that he was cultivating sugarcane in 3.65 acres of land; that on 17.11.2024, when the said Chenni's son approached the Radhapuram Primary Agricultural Cooperative Credit Society with the loan recommendation letter, the Secretary of the Society found that the seal and signature did not match with the actual seal and signature and thereafter on the enquiry, it came to light that the petitioner had forged the recommendation letter. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the allegations are false and in any case the petitioner is in custody from 14.02.2025; and that further custody is not required for the purpose of investigation. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) reiterated the prosecution case and submitted that the Cooperative Society has not suffered any loss in the alleged occurrence.

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5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

6. Considering the nature of allegations, the period of incarceration; the fact that no loss has been suffered by the Cooperative Society and since further custody is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Kallakurichi and on further conditions that: [a] 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;

[b] the petitioner shall report before the respondent police everyday at 10.30 a.m., until further 3/6

orders;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness 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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

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To

1. Judicial Magistrate No.II, Kallakurichi.

2.The Inspector of Police, Moongilthuraipattu Police Station, Kallakurichi District.

3. The Superintendent, Central Prison, Cuddalore.

4. The Public Prosecutor, High Court of Madras.

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SUNDER MOHAN., J.

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