Parthasarathy v. State Rep.By

CRL OP NO. 29765 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-12-2024

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 29765 of 2024 PARTHASARATHY S/O. D. KARUNYAN DURAISAMY. NO.3, NADAPAI VILLAGE, VELAM POST WALAJA TALUK, CHITHATHOOR, QZHUGHUR, WALLAJAH VELLORE, VELLORE - 632501.

PETITIONER(S) Vs STATE REP.BY THE LNSPECTOR OF POLICE, RANIPET POLICE STATION, RANIPET DISTRICT.

RESPONDENT(S) For Petitioner(s):

MR.TA. NARENDAR For Respondent(s):

MR.S.SANTHOSH GOVERNMENT ADVOCATE (CRL.SIDE)

ORDER

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 406, 409 and 420 of Indian Penal Code in Crime No.106 of 2024, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was working as a Senior Associate in a Bank and had committed criminal breach of trust and cheated the Bank to the tune of Rs.76,00,000/- (Seventy Six Lakhs only). 1/5

Hence the case.

3. The learned counsel appearing for the petitioner would submit that there was an error in the accounting procedure, and thereafter, the account was reconciled and the petitioner has repaid a sum of Rs.58,98,000/- to the Bank and the entire accounts have been reconciled. He would further submit that the petitioner has been suspended from his job and he is ready to appear before the respondent police for enquiry.

4. The learned Government Advocate appearing for the respondent police would submit that when the petitioner was working as a Senior Associate in the Bank, he had misappropriated a sum of Rs.76,00,000/- and has diverted the said amount to his mother's saving account and his sister's proprietorship concern account. Further, he would submit that a sum of Rs.50,00,000/- has been repaid during the enquiry.

5. Heard the learned counsel for the petitioner as well as the learned Government Advocate for the respondent police and also perused the materials available on record.

6. Taking note of the facts and circumstances of the case, the 2/5

submissions made by the learned counsels on either side, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Ranipet District on condition that the petitioner shall 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 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 petitioner 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 petitioner shall report before the concerned Court everyday at 10:30 a.m., on all working days until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation 3/5

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 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 269 of B.N.S.

12.12.2024 jd To

1. STATE REP.BY THE LNSPECTOR OF POLICE, RANIPET POLICE STATION, RANIPET DISTRICT.

2. The learned Judicial Magistrate, Ranipet District. 4/5

A.D.JAGADISH CHANDIRA,J., jd CRL OP NO. 29765 of 2024 12.12.2024 5/5