Thangaselvam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Thangaselvam ... Petitioner/Accused No.8

Versus

The Inspector of Police, Economic Offences Wing, Thoothukudi, Thoothukudi District.

(Crime No.5 of 2024) ... Respondent/Complainant For Petitioner :

Mr.J.Sankarapandian, Advocate For Respondent :

Mr.P.Kottai Chamy, Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.5 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, apprehending arrest at the hands of the respondent Police, in connection with a case in Crime No.5 of 2024, for the offence under Sections 408, 420, 467, 471, 477-A and 120(b)IPC, has filed this petition seeking anticipatory bail.

2. The petitioner was working as a temporary employee in the Palayakkal 1/5

Primary Agricultural Co-operative Society and misappropriated a sum of Rs.1,08,34,648/- by creating fake loan receipts and documents and caused loss to the Society.

3. Considering the allegations levelled against the petitioner, this Court, by order dated 22.04.2024, granted interim anticipatory bail to the petitioner enabling him to appear before the respondent Police for enquiry. The respondent Police was directed to conduct an enquiry and file a detailed report before this Court.

4. Pursuant to the directions of this Court, the Deputy Superintendent of Police, Economic Offences Wing, has filed a detailed report as under: "4. It is submitted that during the enquiry, I came to know, A8 had written the jewel loan receipt for one borrower Muthu Ramesh in jewel loan number 33277 dated 31.03.2021 for the loan amount of Rs.1,16,000/- and for the same loan number dated 22.07.2021 for the amount of Rs.30,600/-, receipt was given for another borrower Por Selvi. These two receipts were written by the petitioner/A8. Similarly, she had written eight forged receipts in this head intentionally. Totally, the jewels of five borrowers worth about Rs.8,78,400/- were taken by all the accused.

5. It is submitted that, during the enquiry, I came to know, one member, named, Santhosha Kani, W/o.Rama Krishnan, pledged her 12 2/5

sovereign jewels in agriculture loan number 2339 dated 20.10.2020 for the loan amount of Rs.3,00,000/-. Her agricultural loan was included in the waiver list, but, A2 returned back only 10 sovereign jewels to her and the remaining 2 sovereign jewels were pledged in her husband's name (Rama Krishnan) in General Jewel Loan without their knowledge. The forged receipts used for (Rama Krishnan) in loan number 33294 dated 17.09.2021 for the loan amount of Rs.39,600/- and the loan sanctioned receipt (Nagaikadan Pattuvada Raseedhu) were also written by the petitioner/A8. The said Ramakrishnan's signature was forged. Similarly, she had written two forged receipts for the loan amount of Rs.63,000/- in the name of another Jayakrishnan. Totally, Rs.1,02,600/- forged loan sanctioned receipts were written by her.

6. it is submitted that, during the enquiry, I came to know, one witness, named, JayaPappa's name was misused by all the accused. One Jewel Loan was obtained in JayaPappa's name without her knowledge and her signature was forged. The forged loan sanctioned receipt for Rs.134700/- in loan number 32278 dated 15.09.2020 was written by the petitioner/A8. Similarly she had written seven forged receipts in the name of Palavesam, Gilbert, Petchiyammal, Simion JebaSingh, Jemima, 3/5

Arivanandam and Durai Pradeesh. Totally, Rs.8,02,700/- loan sanctioned receipts were written by her.

7. It is submitted that, during the enquiry, I came to know, jewel loan amount was not given to the borrowers. One borrower, named, Manoharan pledged his jewels and obtained jewel loan. But no jewel loan amount was given to him. Using forgery loan amount sanctioned receipt (Nagaikadan Pattuvada Raseedhu) & forged signature of Manoharan, all the accused misappropriated the society fund. The forged loan sanctioned receipt for Rs.133000/- in loan number 32308 dated 19.09.2020 was written by the petitioner/A8. Similarly, she had written one forged receipt in the name of Deleicta. Totally, Rs.2,32,000/- loan sanctioned receipts were written by her."

5.Considering the report filed by the Deputy Superintendent of Police, Economic Offences Wing, this Court is not inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this Criminal Original Petition is dismissed. sd/- 10/06/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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OGY To 1 THE INSPECTOR OF POLICE, ECONOMIC OFFENCE WING, THOOTHUKUDI, THOOTHUKUDI DISTRICT.

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

ORDER

IN CRL OP(MD) No.6080 of 2024 Date :10/06/2024 RS/VR/SAR-(19.07.2024) 5P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5