K.S.Dheenadayalan v. State By

Crl.OP.Nos.23402 & 23405 of 2023 Crl.OP.Nos.23402 & 23405 of 2023 C.V.KARTHIKEYAN, J.

The petitioners, who apprehends arrest for the alleged offences punishable under Sections 34, 120B, 408, 409, 420 & 477A IPC, in Crime No.2 of 2020, on the file of the respondent police, seek anticipatory bail.

2.Crl.O.P.No.23402 of 2023 has been filed by A3 and Crl.O.P.No.23405 of 2023 has been filed by A16. Since common arguments had been advanced, a common order is passed. 3.It is the case of the prosecution that all the accused persons, who are totally 16 in numbers, had totally misappropriated a sum of Rs.92,85,559/- from the Anna Auto Drivers Industrial Co-operative Society. The said Society sells fuel by having a Petrol Bunk at Royapettah High Road, which is a busy Petrol Bunk. Sales are enormous. So far as the petitioners are concerned, it is specifically alleged that A3-Joint Director (Cost Accounting) had misappropriated a sum of Rs.49,584/- and A16, who is a member of the Society had misappropriated a sum of Rs.14,150/-.

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Crl.OP.Nos.23402 & 23405 of 2023 C.V.KARTHIKEYAN, J.

sli 4.The learned counsel for the petitioners states that independent surcharge proceedings had been initiated and orders have also been passed. That would be an order for recovery of money. Independent disciplinary action can be initiated and independent disciplinary proceedings and criminal proceedings can also be launched. The present issue is about lodging of complaint and registration of FIR. This requires detailed investigation. Therefore, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, these Criminal Original Petitions stand dismissed.

5.If A16 is taken into custody, his medical condition may be examined and thereafter, necessary further application may be made seeking further orders for A16.

31.10.2023 sli Crl.O.P.Nos.23402 & 23405 of 2023 2/2 https://www.mhc.tn.gov.in/judis