T Rajkumar v. State, Rep. By

A.D.JAGADISH CHANDIRA , J.

Apprehending arrest in connection with Crime No.301 of 2024 registered for the offences punishable under Sections 316(5) and 318(2) of BNS, the present petition has been filed seeking anticipatory bail.

2. The case of the prosecution as per the defacto complainant, who is the President of Sadayapalayam Panchayat is that the accused was working as a Secretary of the said Panchayat and he had misappropriated the Panchayat funds to the tune of Rs.2,61,922/-. Hence, the present case.

3. Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. Learned counsel for the petitioner would submit that due to political reasons, a false complaint has been given against the petitioner. He also submits that the petitioner is ready to abide by any stringent condition that may be imposed by this Court.

4. Learned Government Advocate (Crl.Side) appearing for the Page No.1 of 4

respondent Police while opposing for grant of bail would submit that when the petitioner was working as a Secretary of the Panchayat had misappropriated the Panchayat funds to the tune of Rs.2,61,922/-. He further submits that the investigation is pending in this case.

5. Having heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions and 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 of receipt of a copy of this order, before the learned Judicial Magistrate, Dharapuram, Tiruppur District, on condition that the petitioner 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 respondent Police or the Police officer who intends to arrest or to the satisfaction of the said Magistrate, on further condition that: [a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;

[b] the petitioner shall report before the respondent Police daily at 10.30 a.m for a period of two weeks and thereafter on Page No.2 of 4

every Saturday at 10.30 a.m 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 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 absconds, a fresh FIR can be registered under Section 269 of BNS.

04.12.2024 mn Page No.3 of 4

A.D.JAGADISH CHANDIRA , J.

mn 04.12.2024 Page No.4 of 4