Palanisamy v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2025 PRESENT THE HON'BLE MR.JUSTICE R.SAKTHIVEL Palanisamy ... Petitioner / Accused No.2 Vs.

The State of Tamil Nadu rep by The Inspector of Police, Economical Offence Wing, Trichy.

(Crime No.9 of 2024) ... Respondent /Complainant PRAYER :- The Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant pre-arrest bail to the petitioner in Crime No.9 of 2024 on the file of the respondent police. For Petitioner :

Mr.K.Sathishkumar, Advocate For Respondent :

Mr.R.Meenakshi Sundaram, Additional Government Pleader ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 28.03.2025 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail.

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2. The petitioner apprehends arrest at the hands of the respondent-police for the offences punishable under Sections 408, 420 read with Sections 34, 468, 471, 477(A) of IPC, in Crime No.9 of 2024 on the file of the respondent-police.

3. The case of the prosecution is that the defacto complainant preferred a complaint alleging that he is working as Deputy Registrar in the Milk Fertility Department. The first accused is the former Secretary of the T.R.D. 1325 Kanavaipatti Milk Producers Co-operative Society, and the second accused is the former President of the said Co-operative Society. While so, the Milk Fertility Department received information that, during the period from 01.04.2019 to 31.03.2020, while the accused persons held the posts of Secretary and President respectively, they misappropriated funds belonging to the T.R.D. 1325 Kanavaipatti Milk Producers Co-operative Society. Therefore, an Enquiry Officer was appointed and directed to conduct an enquiry under Section 81 of the Tamil Nadu Co-operative Societies Act, 1983.

Based on the same, an enquiry was conducted, and during the enquiry, it was found that the accused persons had manipulated accounts and misappropriated a sum of Rs. 6,02,700/- through various means by misusing their official positions as Secretary and President of the said Co-operative Society.

recommended initiating criminal proceedings against the accused persons. Therefore, the defacto complainant preferred the present complaint.

4. Mr.K.Sathishkumar, the learned counsel for the petitioner, submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submits that the petitioner has been falsely implicated in this case. He however submits that the petitioner is ready to abide by any conditions to be imposed by this Court. Accordingly, he prays to grant an order of pre-arrest bail to the petitioner.

5. Per contra, Mr.R.Meenakshi Sundaram, the learned Additional Public Prosecutor appearing for the respondent-police, submits that there are totally two accused persons in this case and the petitioner has been arrayed as A2. He further submits that there are no previous cases against the petitioner. He further submits that accused persons had manipulated accounts and misappropriated a sum of Rs. 6,02,700/- through various means by misusing their official positions as Secretary and President of the said Co-operative Society. He further submits that if pre-arrest bail is granted to the petitioner, he will cause threat to the defacto complainant and tamper with the evidence. He therefore prays to dismiss this Criminal Original Petition.

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6. Heard on both sides. This Court has perused the records.

7. The petitioner has permanent residence and deep roots in the society. Hence, there is less possibility of absconding. Considering the same and also considering the fact that the petitioner is a first offender and also taking into account of the fact that the petitioner is ready to deposit a sum of Rs.2,50,000/- (Rupees Two Lakhs and Fifty Thousand only) and with a view to give an opportunity to the petitioner to reform himself, this Court is inclined to grant pre-arrest bail to the petitioner. Accordingly, pre-arrest bail is granted to the petitioner subject to the following conditions: (i) The petitioner shall be released on pre-arrest bail in the event of his arrest or in the event of his surrender before the learned Judicial Magistrate No.

III, Trichy, within a period of 15 days from the date on which the order copy is made ready, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the learned Judicial Magistrate No.III, Trichy. (ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.

Practice, 2019']. The learned Judicial Magistrate shall obtain a copy of any one of identity proofs to ensure their identity.

(iii) The petitioner shall deposit a sum of Rs.2,50,000/- (Rupees Two Lakhs and Fifty Thousand only) to the credit of the Crime No.9 of 2024 on the file of the respondent-police, before the learned Judicial Magistrate No.III, Trichy, within a period of four weeks from the date on which the order copy is made ready. In turn, the learned Judicial Magistrate shall deposit the said amount in an interest bearing Fixed Deposit in any nationalized Bank initially for a period of one year and renew them periodically until the final order / judgment is passed in the case in Crime No.330 of 2024. The learned Judicial Magistrate or Trial Court shall pass orders qua entitlement of the said amount in its final order / Judgment. (iv) The petitioner shall appear and sign before the respondent-police weekly twice i.e., on every Monday and Friday at 10.00 a.m. until further orders. (v) The petitioner shall make himself available for interrogation by a police officer as and when required.

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(vi) The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. (vii) The petitioner shall also not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence. (viii) The petitioner shall not leave India without the previous permission of the Court.

(ix) The petitioner shall furnish his residential address and mobile number to the concerned Magistrate.

(x) The petitioner shall not enter into the defacto complainant's house or his/her work place.

(xi) On breach of any of the aforementioned conditions, the learned Judicial Magistrate or Trial Court, as the case may be, is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are 6/8

imposed by him as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.

sd/- 04/04/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

PAL TO 1 THE JUDICIAL MAGISTRATE NO.III TRICHY.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TRICHY.

3 THE INSPECTOR OF POLICE, ECONOMICAL OFFENCE WING, TRICHY 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.K.SATHISH KUMAR, Advocate ( SR-4098[I] dated 08/04/2025 ) 7/8

ORDER

IN CRL OP(MD) No.5985 of 2025 Date :04/04/2025 SS/SAR- /02/05/2025/ 8P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 8/8