P.Paneerselvam v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY
1. P.Paneerselvam,
2. S.Kaliraj, ... Petitioners/Accused Nos.6&7 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Economic Offences Wing (Eow), Virudhunagar District.
Crime No. 1/2024.
... Respondent/Complainant For Petitioners : M/s.Nandhini Priyadharshini, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.1 of 2024 on the file of the respondent police. 1/5
ORDER : The Court made the following order :- The petitioners/A6 & A7, who were arrested and remanded to judicial custody on 13.08.2024 for the offences punishable under Sections 408, 465, 468, 471, 420, 34 and 477(A) of IPC, in Crime No.1 of 2024 on the file of the respondent police, seek bail.
2. The case of the prosecution is that petitioners/A6 and A7, who were working as supervisors in R-56, Rajapalayam Milk Producers Co-operative Society Limited, Rajapalayam, along with the other accused had committed misappropriation to the tune of Rs.1,17,42,104/- (One Crore Seventeen Lakhs Forty Two Thousand Hundred and Four only). Hence, the complaint.
3. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for the respondent, and perused the materials available on record.
4. Considering the nature of allegations in this case that the petitioners are said to have caused loss to the cooperative society, and considering the fact that the first petitioner is liable to pay a sum of Rs.10,00,000/- along with interest and 10 % penalty amount, and the second petitioner is liable to pay a sum of Rs.5,00,000/- along with interest and 10% penalty amount, I am inclined to enlarge the petitioners 2/5
on bail, however, on submission by the learned counsel for the petitioners that at least a portion of the amount will be paid to the credit of the crime number without prejudice to their contentions.
5. Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Virudhunagar. (i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; (ii) the 1st petitioner/P.Panneerselvam/A6 shall deposit a sum of Rs.2,00,000/- (Rupees Two Lakhs only) and the 2nd petitioner/S.Kaliraj/A7 shall deposit a sum of Rs.3,50,000/- (Rupees Three Lakhs and Fifty Thousand only) to the credit of the Crime No.1 of 2024, without prejudice to their rights and contentions before the trial Court;
(iii)the petitioners shall appear before the respondent Police daily at 10.30 a.m for a period of three weeks and thereafter, as and when required for interrogation; (iv)the petitioners shall not tamper with evidence or witness; (v)the petitioners shall not abscond during trial. 3/5
(vi)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]. (vii)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 18/10/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
MKN TO 1 THE JUDICIAL MAGISTRATE NO.II VIRUDHUNAGAR. 2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, VIRUTHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
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3 THE OFFICER INCHARGE, DISTRICT JAIL, VIRUDHUNAGAR..
4 THE INSPECTOR OF POLICE, ECONOMIC OFFENCES WING (EOW), VIRUDHUNAGAR DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+ 2 CC TO Mr.R.DIWAKARAN, ADVOCATE IN SR No.12742 dated 19/10/2024
ORDER
IN CRL OP(MD) No.17683 of 2024 Date :18/10/2024 SS/SAR- /18/10/2024/ 5P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5