Veerapandian v. State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.11.2023
CORAM
THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN 1.Veerapandian 2.Pazhanisamy ... Petitioners in Crl.O.P.No.25544 of 2023 Periyasamy ... Petitioner in Crl.O.P.No.25546 of 2023 Vs.
State by The Station House Officer, EWO -Cuddalore Police Station, Cuddalore District (Crime No.4 of 2023)
...Respondent in both Crl.O.Ps
Common Prayer: Criminal Original Petitions filed under Section 439 of Cr.P.C. praying to enlarge the Petitioners on bail concerned in Crime No.4 of 2023 on the file of the respondent police with terms and conditions.
For Petitioners in both Crl.O.Ps : Mr.R.Muruga Bharathi For Respondent : Mr.R.Kishore Kumar in both Crl.O.Ps Government Advocate (Crl. Side) 1/5
COMMON ORDER The petitioners who were arrested and remanded to judicial custody on 12.10.2023 in Crime No.4 of 2023, registered by the respondent police for the offences punishable under Sections 120(B), 408, 471, 477(A) of IPC, seek bail.
2.The petitioners in Crl.O.P.No.25544 of 2023 are arrayed as A3 & A4 and the petitioner in Crl.O.P.No.25546 of 2023 is arrayed as A1. 3.It had been stated that on a complaint given by the Deputy Registrar, Co-operative Society at Cuddalore, the respondent had registered the first information report. A1 was the Secretary of Edachithur Primary Agriculture Cooperative Society and all the other accused were salesman.
4.It is the specific complaint that they have all together misappropriated a sum of Rs.17,16,896.49/-.
5.It is stated by the respondent that they had repaid the amount so misappropriated with interest and necessary documents to that effect have been produced before this Court.
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6.In view of that particular fact, this Court is inclined to grant bail to the petitioners subject to the following conditions: 7.Accordingly, the petitioners are ordered to be released on bail on condition to execute a separate 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 Judicial Magistrate No.II, Panruti, and on further conditions that:
[a] 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 shall report before the respondent police everyday at 10.30 a.m., until further orders. [c] the petitioners shall not abscond either during investigation or trial.
[d] the petitioners shall not tamper with evidence or witness 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 petitioners released on bail by the learned Magistrate/Trial Court himself as laid down 3/5
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 229A IPC.
15.11.2023 vkr To
1. The Judicial Magistrate No.II, Panruti, 2.The Central Prison, Cuddalore
3. The Station House Officer, EWO -Cuddalore Police Station, Cuddalore District 4.The Public Prosecutor, High Court of Madras.
C.V.KARTHIKEYAN.
J.
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vkr 15.11.2023 5/5