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Madras High CourtCRL OP/20777/2025granted

K.David Kannan v. The State Of Tamil Nadu, Represented By, The Inspector Of Police,

2025-09-09Honourable Mrs.Justice T.V.Thamilselvi7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. K.David Kannan S/o. Krishnasamy, No. 106J, Kalpass Compound, Kangeyam Road, Vijayapuram, Tiruppur-641 606.

2. J.Jayakumar @ Jayakumar S/o. James, No.6/46A, CSI Colony, Nallur, Tiruppur-64 1606

3. G.Selvaprakasam @ Selvaprakash S/o.Gnanaprakasam, No.2/404, CheranThozhilalar Colony, Muthanampalayam, Tiruppur-601 646.

4. T.S.Flora @ Flora W/o.Balan, No.6/24, CSI Colony, Naluur, Tiruppur-601 646.

5. S.RichyPradeep @ RichiPradeep S/o. Selvaprakasam, No. 1/435, K Chettipalayam, Muthanampalayam, Tiruppur-601 646.

6. D.Vijayakumar @ Vijayakumar S/o. Durairaj, No.6/54, CSI Colony,

Nallur, Tiruppur-601 646.

Petitioner(s) Vs

1. The State of Tamil Nadu, Represented by, The Inspector of Police, Nallur Police Station, Tiruppur City (Cr.No.346 of 2025) Respondent(s) PRAYER To grant Anticipatory Bail to the petitioners in the event of their arrest or surrender in connection with the case in Cr.No. 346 of 2025, on the file of the Respondent Police and thus render justice.

For Petitioner(s):

Karthikeyan Vajjiram S.Bharathi Rajan R.Natrtamil For Respondent(s):

Mr. S. Udayakumar, Government Advocate Crl. side

ORDER

This petition has been filed to grant Anticipatory Bail to the petitioners in the event of their arrest or surrender in connection with the case in Cr.No. 346 of 2025, on the file of the Respondent Police.

2. The case of the prosecution is that the petitioners preventing the defacto complainant from entering into the CSI Christ church, Nallur. When the same was questioned by the defacto complainant and other church members, they pushed the defacto complainant and ranscked the church office causing damage to records, furnitures and computer and taken Rs.25,000/- by these petitioners. Hence, the complaint was lodged by the petitioner, based on that FIR has been registered under Sections 191(2), 329(3), 296(b), 115(2), 300, 303(2) and 351(2) of BNS 2023 in crime No. 346 of 2025.

3. The learned counsel for the petitioners submit that on the allegation of financial misappropriation, an enquiry commission was appointed by the Bishop of CSI, Coimbatore to probe into the matter. When the second enquiry committee was went to conduct enquiry, the defacto complainant has cooperated and refused to hand over records for enquiry. Hence, the defact complainant was placed under suspension and authorised the committed to break open the locker of almirah and accordingly the committee members proceeded with break open and seizure of documents. The defacto complainant

in order to conceal that documents and escape from the lawful enquiry lodged the present complaint. Hence, he prays to grant bail to the petitioners.

4. The learned Government Advocate Crl. Side submits that the investigation is almost completed.

5. Considering the facts and circumstances of the case and also the fact that the investigation is almost completed. Hence, this Court is inclined grant anticipatory bail to the petitioner with following conditions. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate No.IV, Tiruppur, 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 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 is directed to report before the respondent as and when required for interrogation. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [d] the petitioners 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 petitioners 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 BNS.

09-09-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes

To

1. The Judicial Magistrate No.IV, Tiruppur.

2. The Inspector of Police, Nallur Police Station, Tiruppur City.

Note :-

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the Official Website of this Court will be watermarked and will also have a QR Code.

T.V.THAMILSELVI J.

CRL OP No. 20777 of 09-09-2025