Ganesan v. State Rep By

Crl.O.P.No.16583 of 2023 G.CHANDRASEKHARAN.J., The petitioner namely Ganesan, who was arrested and remanded to judicial custody on 14.06.2023 for the offences punishable under Sections 409, 420, 477 (A) read with Section 34 of Indian Penal Code in Crime No.01 of 2023 on the file of the respondent police, seeks bail.

2. The learned counsel for the petitioner submitted that, petitioner is the Secretary of Z-376 Nannilam Primary Co-operative Societies. Petitioner is falsely implicated in this case, on the allegation of misappropriation of an amount of Rs.31,42,800/-. Petitioner retired from the service in the year 2018. He further submitted that, enquiry conducted by the Deputy Registrar in this regard in CAS.No.144-22/SP(CZ) EOW/CSR/2022, resulted in imposing cost against the accused. Against this order, petitioner filed revision petition and it is pending. Petitioner is in Judicial Custody from 14.06.2023. Thus, he seeks bail to the petitioner.

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3. In response, learned Additional Public Prosecutor submitted that, petitioner along with other accused criminally misappropriated a sum of Rs.31,42,800/- by falsifying the accounts. The amount involved is not yet recovered. He further submitted that, apart from this case, petitioner has one similar previous case on the allegation of misappropriation of Rs. 7 lakhs. Investigation in this case is pending.

4. Considering the gravity of the offience alleged to have been committed by the petitioner, wherein petitioner along with others said to have misappropriated a sum of Rs.31,42,800/- and the same is not yet recovered and that investigation in this case is not completed and also having regard to the fact that petitioner has one similar previous case, this Court is not inclined to grant bail to the petitioner.

5. Accordingly, this Criminal Original Petition is dismissed. 26.07.2023 Sma 2/3

G.CHANDRASEKHARAN,J.

Sma Crl.O.P.No.16583 of 2023 26.07.2023 3/3