Rajalingam v. State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Rajalingam ... Petitioner/Accused No.4 Vs The State represented by, The Inspector of Police, Economic Offences Wing, Virudhunagar District.

(Crime No.1 of 2024.) ... Respondent/Complainant For Petitioner :

M/s. Lavanya.M, 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. ORDER : The Court made the following order :- The petitioner/A4, who was arrested and remanded to judicial custody on 13.09.2024 for the offences punishable under Sections 408, 465, 468, 471, 420 r/w 34, 477(A) of IPC, in Crime No.1 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner and the other accused were working as President, Manager, Milk Weighter, Supervisor, and Store Keeper of Rajapalayam Milk Producers' Co-operative Society. All the accused are said to have caused loss to the tune of Rs.1,17,42,104/-. Insofar as the petitioner is concerned, he 1/5

has caused loss to the tune of Rs.7,92,000/-. Hence, the complaint.

3. Heard both sides.

4.Considering the nature of the allegations that the petitioner, along with the other accused, are said to have caused loss to the co-operative Society, and this petitioner is said to have caused loss to the tune of Rs.7,92,000/- and also considering the argument of the learned counsel for the petitioner that, without prejudice to his contentions, he is willing to deposit a sum of Rs.2,50,000/- to the credit of the crime number, this Court is inclined to grant bail to the petitioner on certain conditions.

5.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on 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 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) as per the undertaking given by the petitioner, the petitioner shall deposit a sum of Rs.2,50,000/- (Rupees Two Lakhs and Fifty Thousand only) to the credit of Crime No.1 of 2024, before the Judicial Magistrate concerned before the execution of 2/5

sureties, without prejudice to his defence before the Trial Court. (iii)the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation; (iv)the petitioner shall not tamper with evidence or witness; v)the petitioner shall not abscond during trial. vi)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]. vii)If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 30/10/2024 (*)Corrected as per the order of this Court dated 08/11/2024 made in Crl.O.P.(MD) No.18929 of 2024 / TRUE COPY / 08/11/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS 3/5

To (*) To be substituted to the order already despatched on 30/10/2024 1.The Principal District and Sessions Judge, Virudhunagar.

2. (*) The Judicial Magistrate No.II, Virudhunagar

3. Do-Through, The Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur.

4.The Inspector of Police, Economic Offences Wing, Virudhunagar District.

5.The Officer Incharge, District Prison, Virudhunagar.

6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC to M.LAVANYA, Advocate, SR.No. 13541(I) dated 04/11/2024

ORDER

IN CRL OP(MD) No.18929 of 2024 Date :30/10/2024 4/5

ED/ /SAR- (30/10/2024) 5P / 5C PSP/ /SAR /08.11.2024/ 5P/ 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5