Krishnamoorthy v. State Rep By

A.D.JAGADISH CHANDIRA , J.

The petitioner, who apprehends arrest at the hands of the respondent Police for the offence punishable under Sections 120B, 408, 467, 468, 471 & 477 A of IPC, in Crime No.2 of 2023, seeks anticipatory bail.

2. The case of the prosecution as per the de facto complainant, who is the Deputy Registrar of Co-Operative Society, Thirupathur, is that the accused persons, who were the Board of Members and Staff of CoOperative Society, conspired together and by fabrication of documents and issuance of loans, had cheated the Society to the tune of Rs.2,96,47,226/-. Hence the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner (A3) is an innocent person working as a Senior Assistant in

the Co-Operative Society and he has nothing to do with the alleged offence. He further submitted that this is the second application for anticipatory bail filed by the petitioner and this Court had dismissed the petitioner's earlier bail application filed in Crl.O.P.No.8142 of 2023 vide order dated 22.06.2023.

4. Learned counsel for the petitioner, on instructions from the petitioner submitted that the petitioner has no property worth the amount, however, he submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner.

5. The learned Government Advocate (Crl.Side) appearing for the respondent Police submitted that it is the case, where, the petitioner along with five other accused, conspired together and by fabrication of documents and issuance of loans, had cheated the Society to the tune of Rs.2,96,47,226/-. He further submitted that this Court, taking into consideration the fact that the total amount involved in this case is about

Rs.2,96,47,226/-, had dismissed the earlier anticipatory bail application. He also submitted that after enquiry under Section 81 of the Co-operative Societies Act, the liability on the petitioner has been fixed to Rs.71,91,992/-. He further submitted that the petitioner is still absconding and there is no change of circumstances. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner.

6. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent and perused the materials available on record.

7. Taking into consideration the facts and circumstances of the case, submissions made by the learned Government Advocate (Crl.Side) that there is no change of circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.

A.D.JAGADISH CHANDIRA , J.

8. Accordingly, this Criminal Original Petition stands dismissed.

27.11.2023 ham