Amutha v. The State Rep Y Its

Crl. O.P. No.26579 / of 2024 P. DHANABAL.J., The petitioner / A7, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 408, 120-B, 471 and 477A of IPC in connection with the Cr. No. 1 of 2024, seeks anticipatory bail.

2. The case of the prosecution is that on the basis of the audit report dated 17.06.2021, it was found that the petitioner along with other accused misappropriated the funds of the Sathiyamangalam Primary Agriculture Co-operative Credit Society of Tindivanam Range, Villupuram to the tune of Rs.4,50,60,652/- for the period from 22.04.2015 to 04.06.2021. Hence the case.

3. The learned counsel for the petitioner would contend that the this petitioner has been falsely implicated in this case by the respondent police for the alleged offences under Sections 408, 120-B, 471 and 477A of IPC. In fact, the petitioner is an innocent and he is no way connected with the offence as alleged by the prosecution and she was working as a Member of Sathyamangalam Primary Agricultural Co-operative Credit Society and

she is not a signing authority to the functioning of the Society. There is no specific overt act attributed as against the petitioner in the FIR. The properties of the accused 1 to 6 were also identified and attached by the respondent police and investigation was already completed and hence he may be released on anticipatory bail.

4. The learned Government Advocate (Criminal Side) would submit that on the basis of the audit report dated 17.06.2021, it was found that the petitioner along with other accused misappropriated the funds of the Sathiyamangalam Primary Agriculture Co-operative Credit Society of Tindivanam Range, Villupuram to the tune of Rs.4,50,60,652/- for the period from 22.04.2015 to 04.06.2021. Investigation reveals that the accused A1 along with 16 other accused cheated to the tune of Rs.4,50,60,652/- by way of bogus fixed deposit, bogus jewel loan, agriculture loan and false entries in SB account and prepared false loan application and thus cheated and caused huge loss to the Society and also to the Government. No amount has been recovered. Based on the complaint given by the Deputy Registrar of Co-operative Societies, Tindivana, this case was registered as against the accused A1 to A17 for the offences under Sections 408, 120-B, 471 and 477A of IPC.

Investigation is in a preliminary stage and the specific overt act as against this petitioner is that as instructed by A5 and A6, this petitioner along with other accused signed in Society Minute Book. Investigation is not yet completed and hence strongly opposed to grant anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions on either side, considering the nature of offences, considering the fact that already co-accused were released on bail and properties of the co-accused were attached by the concerned authorities and even according to the prosecution, on instruction, this petitioner, as a Member of the Society, along with other accused signed in the minute book and apart from the above, there is no any allegation as against this petitioner and there is no previous case pending against this petitioner, I am inclined to grant anticipatory bail to the petitioner subject to the following conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the

learned Judicial Magistrate, Gingee, Villupuram District on condition that the petitioners 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 learned Magistrate concerned and on further condition that:

[a] the petitioner shall report before the respondent police daily at 10.30 until further orders.

[b] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence; [c] the petitioner shall not leave India without the previous permission of the Court;

[d] the petitioner 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 petitioner 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 abscond, a fresh FIR can be registered under Section 269 B.N.S.2023.

27.11.2024 mjs To 1.The Judicial Magistrate, Gingee, Villupuram District

2. The Public Prosecutor, High Court, Madras. 3.The Inspector of Police, EOW Villupuram Police Station, Villupuram District.

P.DHANABAL,J mjs

CRL O.P. No.26579 of 2024 27.11.2024