Arul Prakash v. State Rep By
T.V.THAMILSELVI, J.
The petitioners who apprehend arrest for the alleged offence punishable under Sections 120(B), 408, 420, 467, 468, 471 and 477(A) of IPC in Crime No.3 of 2022, seek anticipatory bail.
2. The case of the prosecution is that the first petitioner herein is working as Assistant Secretary at Chinnakumarapalayam Primary Agricultural Co-Operative Credit Society. The 2nd petitioner herein was working as a Secretary, it is alleged in the complaint that these petitioners sanctioned mortgage loan in favour of Jaganathan who is Ex-Secretary of the society without following the conditions prescribed in the bye laws. Hence the complaint.
3. The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution. However, on instructions, he further submits that the
petitioner, without prejudice to their rights, are ready to abide any condition imposed by this Honourable court. Hence, he prays to grant anticipatory bail to the petitioners.
4. The learned Government Advocate (Criminal Side) submitted that the first petitioner herein is working as Assistant Secretary at Chinnakumarapalayam Primary Agricultural Co-Operative Credit Society. The 2nd petitioner herein was working as a Secretary, it is alleged in the complaint that these petitioners sanctioned mortgage loan in favour of Jaganathan who is Ex-Secretary of the society without following the conditions prescribed in the bye laws. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case and investigation is almost completed this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions.
6. Accordingly, the petitioners are ordered to be released on bail in
the event of arrest or on their appearance before the learned Judicial Magistrate-IV, Coimbatore on condition that each of the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties (out of which one surety should be blood surety) 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioners 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 petitioners are directed to deposit totally a sum of Rs.2,00,000/-(Rupees Two Lakhs only) to the credit of Crime No.3 of 2022, without prejudice to their rights within a period of two weeks from the date of receipt of copy of this order and produce the receipt before the concerned Magistrate.
[c] the petitioners are directed to appear before the
respondent police on alternative days at 10.30 a.m., for a period of two months.
[d] the petitioners shall not tamper with evidence or witness either during investigation or trial. [e] the petitioners shall not abscond either during investigation or trial.
[f] 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 petitioners 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] [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
07.02.2023 jai
T.V.THAMILSELVI, J.
jai 07.02.2023