Sakthivel v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.07.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.10218 of 2020 SAKTHIVEL ... Petitioner/A3 Vs.

State Rep. by Inspector of Police, District Crime Branch Police station, Thiruvarur District.

Crime No. 03 of 2020

...Respondent

Prayer: Criminal Original Petition filed under Section 438 Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest by the respondent police in Crime No.3 of 2020, on the file of the respondent police.

For Petitioner : Mr.Swami Subramaniam For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 406, 465, 467, 468, 471 and 420 of IPC in Crime No.3 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and the other accused persons by way of fabricating documents and falsification of accounts had transferred a sum of Rs.7,69,017/- belonging to the Panchayat to their personal account and cheated the Panchayat. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case since, the other accused had transferred an amount of Rs.16,000/- to his accounts. He would further submit that the petitioner without prejudice his contention had redeposited a sum of Rs.16,000/- to the account of the Panchayat. He would also submit that the petitioner is prepared to cooperate with the investigation and prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that there are totally 5 accused persons in which the petitioner is arrayed as A3. He would also submit that the main accused by using the user name and password of Central Financial Planning Fund, petitioner along with other accused had downloaded the form meant for transferring funds, submitted the same to the bank by forging the signature of President and Vice President and transferred the amounts to their accounts and also to the other accused persons' accounts and totally misappropriated the amount to the tune of Rs.7,69,017/-. He further submitted that the entire offence has been committed with the knowledge of the petitioner and an amount of Rs.16,000/- had been transferred to his account. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration the facts and circumstances and the submissions made by the counsels and the case of the prosecution is borne out by documents and the fact that the petitioner has repaid the amount to the Panchayat account, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of 15 days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, before the learned Judicial Magistrate, Thiruvarur, Thiruvarur 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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and 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 daily at 10.30 a.m., for a period of two weeks and thereafter every Monday at 10.30 a.m. until further orders.

[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].

[f] If the accused thereafter abscond/s, a fresh FIR can be registered under Section 229A IPC.

7. With the above directions, this Criminal Original Petition is ordered.

-sd/- 13/07/2020 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 JUDICIAL MAGISTRATE, THIRUVARUR, THIRUVARUR DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 INSPECTOR OF POLICE DISTRICT CRIME BRANCH POLICE STATION, THIRUVARUR DISTRICT.

CC to M/S. SWAMI SUBRAMANIAN Advocate on payment of necessary charges CRL OP.10218/2020 Date :13/07/2020 RVR 03/09/2020