K Nagaraj v. State By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-10-2025
CORAM
THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NOS.18437, 20391 and 20464 of 2025 Crl.O.P.Nos.18437 and 20391 of 2025
1. K. Nagaraj ... Petitioner in Crl.O.P.No.18437 of 2025/ A1
2. Nagamuthu ... Petitioner in Crl.O.P.No.20391 of 2025/ A5 Vs The State rep. by, The Inspector of Police, Economic Offence Wing, Thiruvallur, Tiruvallur District, (Crime No.01 of 2025) ... Respondent PRAYER : Criminal Original Petitions filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant anticipatory bail to the petitioners/accused in the event of arrest in Crime No.01 of 2025 registered on the file of the respondent police.
Crl.O.P.No.20464 of 2025 V. Ravichandiran ... Petitioner Vs The State rep. by, The Inspector of Police, (CCIW) CID Police Station, Tiruvallur - 602 001.
(Crime No. Unknown of 2025) ... Respondent 1/6
PRAYER : Criminal Original Petitions filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant anticipatory bail to the petitioner/accused in the event of arrest in Crime No.Unknown of 2025 registered on the file of the respondent police. For Petitioner in Crl.O.P.No.18437 of 2025 : Mr. C. Prakasam For Petitioner in Crl.O.P.No.20931 of 2025 : Mr. S.N. Arunkumar For Petitioner in Crl.O.P.No.20464 of 2025 : Mr. N. Nithianandam For Respondent(s) : Mr. S. Udayakumar Government Advocate (Crl. Side) *******
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 120B, 409, 408, 468, 471, 477A and 420 of IPC r/w Section 34 of IPC in Crime No.01 of 2025 on the file of the respondent Police, seek anticipatory bail.
2. The case of the prosecution is that the petitioner in Crl.O.P.No.18437 of 2025/ K.Nagaraj is the Secretary, the petitioner in Crl.O.P.No.20931 of 2025/ Nagamuthu is the President/ Chairman of the Executive Committee and the petitioner in Crl.O.P.No.20464 of 2025/ V.Ravichandiran was then Junior Clerk in the JJ.715 Kavarapettai Primary Agricultural Cooperative Credit Society; that the petitioners colluded with 2/6
other accused had committed misappropriation of Rs.2,14,90,673/- on various dates during the period from 31.03.2015 to 31.05.2023 by way of creating false documents, falsification of accounts in the registers and also by sanctioning crop loans for 22 bogus persons, who are not involved in any agricultural farming activities; and that thereby made loss to the society to the tune of Rs.1,74,77,558/-. Hence, this case.
3. The learned counsels appearing for the petitioners in Crl.O.P.Nos.18437 and 20931 of 2025 submitted that the petitioners are Secretary and Chairman of the said society and Board, respectively and they have been falsely implicated in this case and they have not fabricated any records or involved in any misappropriation of the Society's fund. They further submitted that the agriculturists, who obtained loan are now come forward to settle their respective loan amount and the petitioners are ready to abide by any conditions that may be imposed by this Court and sought for anticipatory bail to the petitioners. 4.
The learned counsel appearing for the petitioner in Crl.O.P.No.20464 of 2025 submitted that the petitioner was served as 3/6
Junior Clerk in the said Co-operative Society, his nature of job is only to write records as directed by the Officers of the Society and he has no role whatsoever in any of the financial dealings or decision-making in the Cooperative Society that could have led to misappropriation, hence sought for anticipatory bail to the petitioner.
5. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that an enquiry under Section 87 of the Tamil Nadu Cooperative Societies Act, 1983 was initiated by the authorities of the Society to examine regarding financial discrepancies in the Society and based upon the enquiry prima facie were made out against the petitioners herein, who are ranked as A1, A5 and A2 respectively and they are the Secretary, President and Junior Clerk of the Society; that they had colluded with other accused and involved in falsification of accounts and misappropriated Society's fund to the tune of Rs.2,14,90,673/-. He further submitted that so far 24 accused have been arrayed in this case and no amount has been recovered yet, hence opposed the grant of anticipatory bail to the petitioners. 4/6
6. I have considered the submissions made on either sides and perused the materials available on record including the contents in the FIR. 7.
Considering the facts of the case, nature of allegations against the petitioners, taking note of the fact that enquiry under Section 81 of Tamil Nadu Cooperative Societies Act, 1983 was conducted and it elaborately revealed the involvement of the petitioners herein and by adopting various methods, they had caused loss to the Society for a total sum of Rs.2,14,90,673/- and misappropriated the same with joining hands with 22 members and also the fact that no amount has been recovered yet, this Court is not inclined to grant anticipatory bail to the petitioners. 8.
Accordingly, these criminal original petitions stand dismissed. 07.10.2025 stn 5/6
K. RAJASEKAR, J.
stn To
1. The Inspector of Police, Economic Offence Wing, Thiruvallur, Tiruvallur District, (Crime No.01 of 2025)
2. The Public Prosecutor, High Court of Madras.
CRL OP NOS.18437, 20391 and 20464 of 2025 07.10.2025 6/6