S.Loganathan v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :07.11.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN S.Leganathan ... Petitioner Vs.

State Rep.by The Inspector of Police, CCIW-CID, 1st Floor, Black II, Guindy, Chennai-600 032.

... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to set aside the order and modify the condition imposed by the learned Principal Sessions Judge at Chennai in Crl.M.P.No.22223 of 2023 dated 07.09.2023 to deposit a sum of Rs.50,000/- to the credit of the Crime No.2 of 2020 on the file of the respondent herein. For Petitioner : Mr.S.L.Venkatesan For Respondent : Mr.S.Udaya Kumar Government Advocate (Criminal Side)

O R D E R

The petitioner herein being aggrieved by the condition imposed while granting anticipatory bail is before this Court stating that condition to deposit Rs.50,000/- is an onerous condition since the allegations against this petitioner is in respect of misappropriation of the society fund to the tune of 1/4

Rs.93,82,559/- out of which the share of the petitioner is only Rs.73,954/-. 2.

The learned counsel appearing for the petitioner submitted that the petitioner is suffering severe diabetic, limb was amputated and the allegations of misappropriation was during the year 2013 to 2018, whereas this petitioner retired as Auditor of the society even before the period of occurrence.

3.

This Court does not find any reason to interfere in the condition imposed by the Principal Sessions Judge, who has considered the request for modification in the earlier order and duly modified regarding appearance of the petitioner before the Investigating Officer daily. As far as the surety amount is concerned, considering the gravity of the misappropriation, this Court finds no reason to interfere with the condition to deposit Rs.50,000/-. Hence this Criminal Original Petition is dismissed. Time for furnishing surety two weeks from today.

07.11.2023 Index : Yes/No rpl 2/4

To 1.The Principal Sessions Judge, Chennai 2.The Inspector of Police, CCIW-CID, 1st Floor, Black II, Guindy, Chennai-600 032.

3.The Public Prosecutor, High Court of Madras, Chennai.

3/4

Dr.G.JAYACHANDRAN, J.

rpl 07.11.2023 4/4