M.Venkateshkumar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH M.Venkateshkumar, ... Petitioner /Accused No.2 Vs The State of Tamil Nadu represented by the Inspector of Police, DCB Police Station, Pudukkottai District.

(Crime No.18 of 2024) ... Respondent / Complainant For Petitioner : Mr.K.Jeyamohan, for Mr.M.Rajarajan, Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS,2023. PRAYER :- For Bail in Crime No.18 of 2024 on the file of the respondent Police. 1/5

ORDER : The Court made the following order :- The petitioner / Accused No.2, who was arrested and remanded to judicial custody on 20.12.2024 for the alleged offences under Sections 120(B), 409, 420, 465, 471, 477A and 109 of IPC, in Crime No.18 of 2024, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that when the officials examined the records in the Health Department, they found that under a particular scheme, the money has been distributed to a tune of Rs.20,76,000/- to even ineligible persons. Ultimately, it came to light that the amount was misappropriated by A1 and it was unearthed during the audit and the enquiry conducted by the officials. Departmental action was initiated. Insofar as the petitioner (A2), he was working as a Junior Assistant and this petitioner's dongle password is said to have been used for committing the crime.

3. The learned Additional Public Prosecutor, on instructions, submitted that out of a sum of Rs.20,76,000/-, A1 has deposited a sum of Rs.18,60,000/-. However, he has not been arrested in this case and the anticipatory bail petition filed by A1 is pending before the Sessions Court. The learned Additional Public Prosecutor further submitted that the investigation is pending and the investigation officer is in the process of collecting all the relevant records. 2/5

4. Heard the learned counsel on either side and perused the material records of the case.

5. Taking into consideration the facts and circumstances of the case and considering the fact that the petitioner is suffering incarceration from 20.12.2024 and the entire case is borne out by records, this Court is inclined to grant bail to the petitioner subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on his executing 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 learned Judicial Magistrate at Pudukkottai, 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 petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

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[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, 2023.

sd/- 28/01/2025 / TRUE COPY / 28/01/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

PAL 4/5

TO 1 THE JUDICIAL MAGISTRATE PUDUKKOTTAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.

3 THE INSPECTOR OF POLICE, DCB POLICE STATION, PUDUKOTTAI DISTRICT.

4 THE OFFICER INCHARGE, DISTRICT JAIL, PUDUKKOTTAI DISTRICT.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.M.RAJARAJAN, Advocate ( SR-949[I] dated 28/01/2025 )

ORDER

IN CRL OP(MD) No.1344 of 2025 Date :28/01/2025 SS/SAR- /28/01/2025/ 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5