Thanagamariyappan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Thanagamariyappan ... Petitioner/Accused No.5 Vs The State of Tamilnadu, Rep. by the Inspector of Police, Economic Offences Wing, Virudhunagar District.

(Crime No. 01/2024.) ... Respondent/Complainant For Petitioner :

Mr.A.Manikandan, 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 petitioner/A5, who was arrested and remanded to judicial custody on 13.09.2024 for the offences under Sections 408, 465, 468, 471, 420, 34 and 477A of IPC, in Crime No.01 of 2024, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner and other accused had committed misappropriation to the tune of Rs.1,17,42,104/- and caused loss to the society.

3.Heard. Perused the materials available on record including the First Information Report.

4.Considering the nature of allegations that the petitioner along with the other accused have misappropriated the amount from Aavin and the petitioner is said to have misappropriated for a sum of Rs.7,00,000/- and considering the fact that the petitioner is in custody from 13.09.2024 and the submissions made by the learned counsel for the petitioner that, without prejudice to his rights and contentions in the criminal case, the petitioner will deposit a sum of Rs.2,00,000/- to the credit of crime number, I am inclined to enlarge the petitioner on bail, subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two 2/5

sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Virudhunagar, Virudhunagar District, and on further conditions that: [b] 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.

[c] As undertaken given by him, the petitioner shall deposit a sum of Rs.2,00,000/- (Rupees Two Lakhs only) to the credit of Crime No.01 of 2024 before the learned Judicial Magistrate No.II, Virudhunagar, Virudhunagar District, without prejudice to his rights and contentions, while executing sureties. [d] the petitioner shall report before the respondent police daily at 10.30 a.m. for a period three weeks and thereafter, as and when required for interrogation. [e] the petitioner shall not commit any offences of similar nature. [f] the petitioner shall not abscond either during investigation or trial. [g] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[h] On breach of any of the aforesaid conditions, the learned Judicial 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 3/5

Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [i] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 29/10/2024 / TRUE COPY / 30/10/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI To 1.The Judicial Magistrate No.II, Virudhunagar, Virudhunagar District.

2.Do through the Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur.

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

4.The Officer Incharge, District Jail, Virudhunagar.

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

+1 CC to M/s.A.MANIKANDAN, Advocate ( SR-13473[I] dated 30/10/2024 ) 4/5

ORDER

IN CRL OP(MD) No.18875 of 2024 Date :29/10/2024 ED/ /SAR- (30/10/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5