strate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala

Crl.O.P.No.8546 of 2024and the same was disposed of with a direction to the Authorities, after receiving explanation from the petitioner to the charges leveled against him, shall examine whether the same could be accepted to close the action and if not satisfied, necessary further enquiry shall be conducted. During the time of enquiry, the petitioner had submitted his explanation. Thereafter, the petitioner had suspended from the Hereditary Trustee vide order dated 25.10.2023 passed by the Joint Commissioner. Against which, the petitioner filed an appeal before the Commissioner of HR & CE and the same is pending. Based on the order passed by this Court to appoint a fit person, the Executive Officer had been appointed and the petitioner without obeying the order passed by this Court, refused to hand over the keys pertaining to the locker and hundi and other Valuables. Hence the complaint.2.The learned counsel for the petitioner submitted that he has been the President of the Temple, established by his great grandfather. Now, at the instigation of his Chittappa, the HRNC has initiated proceedings against him. Accordingly, he was suspended by the hereditary trustee as per the order dated 25.10.2023 passed by the Joint Commissioner. Against this decision, he filed an appeal before the HRNC, which is pending. 2 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8546 of 2024Meanwhile, a fit person has been appointed by the HRNC authorities, who filed a complaint alleging that the petitioner has withheld all the valuable jewels belonging to the Temple illegally and misappropriated amounts. He further submitted that he was falsely implicated in this case and that the articles are kept in the locker and can be used by the fit person. Hence, he prayed for bail to be granted to the petitioner.3.The learned Government Advocate (HR & CE) for the intervenor appeared before this Court and submitted that the jewels which were mentioned in the Appraiser report NO/8/2003 dated 25.06.2003, were not found entirely in the locker, during the inspection on 16.04.2024. I humbly submit that, on 10.07.2015, the village people, had handed over the record books and the list of gold and silver articles containing 41 items, which was received by the petitioner's father. Also the list of the jewels given by the devotees and village people, was not found in the locker. The details of the jewels stated in the jewels verification report No.34/2017 and the record maintained by the petitioner in the name of Palamatru Pon Matrum Velli Inangal Pathivedu (Inventory record), was also not in the locker as per record. On 04.06.2008, the golden crown (Thanga Kireedam) weighing 160 3 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8546 of 2024grams of gold (i.e. 20 sovereign of gold), done in Sirpakalai Kudam, was donaated by the village people. The said gold crown was not in the locker. An amount of Rs.65,000/- had been deposited, in the name of the temple in Bank of India, Kurchi Branch, Coimbatore. Further, the savings account bearing No.47210200000294, in Bank of Baroda, Sundarapuram Branch, Coimbatore, is in the name of the temple. This was also not handed over to the fit person. The details of the amount collected as Mangalaiya Tax during the Mariamman festival held in 2022 was not properly accounted for. The petitioner along with his companions namely, Nandagopal and Balasubramaniam had deposited a sum of Rs.6,00,000/- (Rupees Six lakhs only) in Bank of Baroda approximately Rs.15,00,000/- (Rupees Fifteen lakhs only) was collected. The petitioner has also not furnished the above said details of the articles.This Court may be pleased to direct the petitioner herein to hand over the above jewels and other valuables to the fit person of the temple, as the same belongs to the temple, (i.e, gold and silver articles, money, record books, locker key, etc.,) Further the records of jewelry were maintained by one Kannapan. The said details were recorded in two small notebooks. The said notebooks maintained by Kannapan are in the village custody of the petitioner. The said notebooks have to be retrieved from the 4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8546 of 2024petitioner. He will be attempting to tamper with evidence. Hence, he objected to granting bail to the petitioner.4. During the enquiry, this Court directed both counsels to take inventory in the locker belonging to the temple. Accordingly, in the presence of both counsels, the locker was opened on 16.04.2024, and the inventory was taken, with the list presented before this Court.5. Upon perusal of the inventory report, it reveals that the jewels, Greedam, Kasimalai, and gold and silver articles found in the bank locker were taken into account, along with articles given by other individuals. The inventory report dated 16.04.2024, forming part and parcel of this order, reveals that the temple's jewels were found in the locker. 6. However, the counsel appearing for the HRNC submitted that only a portion of the valuables were found, and the remaining articles are in the hands of the petitioner, who handled all articles as the hereditary trustee. But this is a matter for investigation.5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8546 of 20247. The learned counsel for the Intervenor/HRNC raised an objection, stating that the keys to the bank locker are in the hands of the petitioner, who is not entitled to operate the bank locker in the name of the temple.8. Considering both sides' submissions and the facts presented, it is evident that a fit person has been appointed by the HRNC authority. As per the inventory report dated 16.04.2024, there are currently valuables, both gold and silver articles, available in the bank locker. If any articles are misplaced, that is a matter for trial and must be proven during the enquiry. Given these circumstances, there is no possibility of tampering with evidence. Therefore, this Court is inclined to grant anticipatory bail to the petitioner.9. Accordingly, the petitioner is directed to deposit the bank locker keys in the name of the temple in Crime No.59 of 2024, within a period of two weeks from the date of this order and on such deposit, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate, Madhukarai, 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8546 of 2024Coimbatore, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties, out of which one surety must be a blood surety, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:[a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;[b] the petitioner shall report before the respondent police on every Monday, Wednesday and Saturday at 10.30 a.m., for a period of three months;[c] the petitioner shall not tamper with evidence or witness either during investigation or trial;[d] the petitioner shall not abscond either during investigation or trial;7 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8546 of 2024[e] 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 has been imposed and the petitioner is 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]; and;[f] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC; 30.04.2024rri8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8546 of 2024T.V.THAMILSELVI,J.rriCrl.O.P.No.8546 of 202430.04.20249

Crl.O.P.No.8546 of 2024and the same was disposed of with a direction to the Authorities, after receiving explanation from the petitioner to the charges leveled against him, shall examine whether the same could be accepted to close the action and if not satisfied, necessary further enquiry shall be conducted. During the time of enquiry, the petitioner had submitted his explanation. Thereafter, the petitioner had suspended from the Hereditary Trustee vide order dated 25.10.2023 passed by the Joint Commissioner. Against which, the petitioner filed an appeal before the Commissioner of HR & CE and the same is pending. Based on the order passed by this Court to appoint a fit person, the Executive Officer had been appointed and the petitioner without obeying the order passed by this Court, refused to hand over the keys pertaining to the locker and hundi and other Valuables. Hence the complaint.2.The learned counsel for the petitioner submitted that he has been the President of the Temple, established by his great grandfather. Now, at the instigation of his Chittappa, the HRNC has initiated proceedings against him. Accordingly, he was suspended by the hereditary trustee as per the order dated 25.10.2023 passed by the Joint Commissioner. Against this decision, he filed an appeal before the HRNC, which is pending. 2 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8546 of 2024Meanwhile, a fit person has been appointed by the HRNC authorities, who filed a complaint alleging that the petitioner has withheld all the valuable jewels belonging to the Temple illegally and misappropriated amounts. He further submitted that he was falsely implicated in this case and that the articles are kept in the locker and can be used by the fit person. Hence, he prayed for bail to be granted to the petitioner.3.The learned Government Advocate (HR & CE) for the intervenor appeared before this Court and submitted that the jewels which were mentioned in the Appraiser report NO/8/2003 dated 25.06.2003, were not found entirely in the locker, during the inspection on 16.04.2024. I humbly submit that, on 10.07.2015, the village people, had handed over the record books and the list of gold and silver articles containing 41 items, which was received by the petitioner's father. Also the list of the jewels given by the devotees and village people, was not found in the locker. The details of the jewels stated in the jewels verification report No.34/2017 and the record maintained by the petitioner in the name of Palamatru Pon Matrum Velli Inangal Pathivedu (Inventory record), was also not in the locker as per record. On 04.06.2008, the golden crown (Thanga Kireedam) weighing 160 3 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8546 of 2024grams of gold (i.e. 20 sovereign of gold), done in Sirpakalai Kudam, was donaated by the village people. The said gold crown was not in the locker. An amount of Rs.65,000/- had been deposited, in the name of the temple in Bank of India, Kurchi Branch, Coimbatore. Further, the savings account bearing No.47210200000294, in Bank of Baroda, Sundarapuram Branch, Coimbatore, is in the name of the temple. This was also not handed over to the fit person. The details of the amount collected as Mangalaiya Tax during the Mariamman festival held in 2022 was not properly accounted for. The petitioner along with his companions namely, Nandagopal and Balasubramaniam had deposited a sum of Rs.6,00,000/- (Rupees Six lakhs only) in Bank of Baroda approximately Rs.15,00,000/- (Rupees Fifteen lakhs only) was collected. The petitioner has also not furnished the above said details of the articles.This Court may be pleased to direct the petitioner herein to hand over the above jewels and other valuables to the fit person of the temple, as the same belongs to the temple, (i.e, gold and silver articles, money, record books, locker key, etc.,) Further the records of jewelry were maintained by one Kannapan. The said details were recorded in two small notebooks. The said notebooks maintained by Kannapan are in the village custody of the petitioner. The said notebooks have to be retrieved from the 4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8546 of 2024petitioner. He will be attempting to tamper with evidence. Hence, he objected to granting bail to the petitioner.4. During the enquiry, this Court directed both counsels to take inventory in the locker belonging to the temple. Accordingly, in the presence of both counsels, the locker was opened on 16.04.2024, and the inventory was taken, with the list presented before this Court.5. Upon perusal of the inventory report, it reveals that the jewels, Greedam, Kasimalai, and gold and silver articles found in the bank locker were taken into account, along with articles given by other individuals. The inventory report dated 16.04.2024, forming part and parcel of this order, reveals that the temple's jewels were found in the locker. 6. However, the counsel appearing for the HRNC submitted that only a portion of the valuables were found, and the remaining articles are in the hands of the petitioner, who handled all articles as the hereditary trustee. But this is a matter for investigation.5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8546 of 20247. The learned counsel for the Intervenor/HRNC raised an objection, stating that the keys to the bank locker are in the hands of the petitioner, who is not entitled to operate the bank locker in the name of the temple.8. Considering both sides' submissions and the facts presented, it is evident that a fit person has been appointed by the HRNC authority. As per the inventory report dated 16.04.2024, there are currently valuables, both gold and silver articles, available in the bank locker. If any articles are misplaced, that is a matter for trial and must be proven during the enquiry. Given these circumstances, there is no possibility of tampering with evidence. Therefore, this Court is inclined to grant anticipatory bail to the petitioner.9. Accordingly, the petitioner is directed to deposit the bank locker keys in the name of the temple in Crime No.59 of 2024, within a period of two weeks from the date of this order and on such deposit, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate, Madhukarai, 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8546 of 2024Coimbatore, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties, out of which one surety must be a blood surety, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:[a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;[b] the petitioner shall report before the respondent police on every Monday, Wednesday and Saturday at 10.30 a.m., for a period of three months;[c] the petitioner shall not tamper with evidence or witness either during investigation or trial;[d] the petitioner shall not abscond either during investigation or trial;7 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8546 of 2024[e] 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 has been imposed and the petitioner is 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]; and;[f] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC; 30.04.2024rri8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8546 of 2024T.V.THAMILSELVI,J.rriCrl.O.P.No.8546 of 202430.04.20249