High Court · 2025

CRL.OP(MD). No.5985 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 04.04.2025PRESENTTHE HON'BLE MR.JUSTICE R.SAKTHIVELCRL.OP(MD). No.5985 of 2025Palanisamy... Petitioner / Accused No.2Vs.The State of Tamil Nadu rep byThe Inspector of Police,Economical Offence Wing,Trichy.(Crime No.9 of 2024)... Respondent /ComplainantPRAYER :- The Criminal Original Petition filed under Section 482 of the BharatiyaNagarik Suraksha Sanhita (BNSS), 2023 praying to grant pre-arrest bail to thepetitioner in Crime No.9 of 2024 on the file of the respondent police.For Petitioner :Mr.K.Sathishkumar,AdvocateFor Respondent:Mr.R.Meenakshi Sundaram,Additional Government PleaderORDER : The Court made the following order :-This Criminal Original Petition has been filed by the petitioner on 28.03.2025under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, prayingto grant an order of pre-arrest bail.1/8 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.5985 of 20252. The petitioner apprehends arrest at the hands of the respondent-police for theoffences punishable under Sections 408, 420 read with Sections 34, 468, 471, 477(A) ofIPC, in Crime No.9 of 2024 on the file of the respondent-police.3. The case of the prosecution is that the defacto complainant preferred acomplaint alleging that he is working as Deputy Registrar in the Milk FertilityDepartment. The first accused is the former Secretary of the T.R.D. 1325 KanavaipattiMilk Producers Co-operative Society, and the second accused is the former Presidentof the said Co-operative Society. While so, the Milk Fertility Department receivedinformation that, during the period from 01.04.2019 to 31.03.2020, while the accusedpersons held the posts of Secretary and President respectively, they misappropriatedfunds belonging to the T.R.D. 1325 Kanavaipatti Milk Producers Co-operativeSociety. Therefore, an Enquiry Officer was appointed and directed to conduct anenquiry under Section 81 of the Tamil Nadu Co-operative Societies Act, 1983. Basedon the same, an enquiry was conducted, and during the enquiry, it was found thatthe accused persons had manipulated accounts and misappropriated a sum of Rs.6,02,700/- through various means by misusing their official positions as Secretaryand President of the said Co-operative Society. Further, the Enquiry Officer2/8 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.5985 of 2025recommended initiating criminal proceedings against the accused persons. Therefore,the defacto complainant preferred the present complaint.4. Mr.K.Sathishkumar, the learned counsel for the petitioner, submits that thepetitioner is an innocent person and he has not committed any offence as alleged bythe prosecution. He further submits that the petitioner has been falsely implicated inthis case. He however submits that the petitioner is ready to abide by any conditionsto be imposed by this Court. Accordingly, he prays to grant an order of pre-arrestbail to the petitioner.5. Per contra, Mr.R.Meenakshi Sundaram, the learned Additional PublicProsecutor appearing for the respondent-police, submits that there are totally twoaccused persons in this case and the petitioner has been arrayed as A2. He furthersubmits that there are no previous cases against the petitioner. He further submitsthat accused persons had manipulated accounts and misappropriated a sum of Rs.6,02,700/- through various means by misusing their official positions as Secretaryand President of the said Co-operative Society. He further submits that if pre-arrestbail is granted to the petitioner, he will cause threat to the defacto complainant andtamper with the evidence. He therefore prays to dismiss this Criminal OriginalPetition. 3/8 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.5985 of 20256. Heard on both sides. This Court has perused the records. 7. The petitioner has permanent residence and deep roots in the society. Hence,there is less possibility of absconding. Considering the same and also considering thefact that the petitioner is a first offender and also taking into account of the fact thatthe petitioner is ready to deposit a sum of Rs.2,50,000/- (Rupees Two Lakhs and FiftyThousand only) and with a view to give an opportunity to the petitioner to reformhimself, this Court is inclined to grant pre-arrest bail to the petitioner. Accordingly,pre-arrest bail is granted to the petitioner subject to the following conditions: (i) The petitioner shall be released on pre-arrest bail in the event of his arrest orin the event of his surrender before the learned Judicial Magistrate No.III, Trichy,within a period of 15 days from the date on which the order copy is made ready, onexecuting a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) along withtwo sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousand only) to thesatisfaction of the learned Judicial Magistrate No.III, Trichy.(ii) The sureties shall affix their photographs and left thumb impression in theApplication for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of4/8 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.5985 of 2025Practice, 2019']. The learned Judicial Magistrate shall obtain a copy of any one ofidentity proofs to ensure their identity. (iii) The petitioner shall deposit a sum of Rs.2,50,000/- (Rupees Two Lakhs andFifty Thousand only) to the credit of the Crime No.9 of 2024 on the file of therespondent-police, before the learned Judicial Magistrate No.III, Trichy, within aperiod of four weeks from the date on which the order copy is made ready. In turn,the learned Judicial Magistrate shall deposit the said amount in an interest bearingFixed Deposit in any nationalized Bank initially for a period of one year and renewthem periodically until the final order / judgment is passed in the case in CrimeNo.330 of 2024. The learned Judicial Magistrate or Trial Court shall pass orders quaentitlement of the said amount in its final order / Judgment. (iv) The petitioner shall appear and sign before the respondent-police weeklytwice i.e., on every Monday and Friday at 10.00 a.m. until further orders. (v) The petitioner shall make himself available for interrogation by a policeofficer as and when required.5/8 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.5985 of 2025(vi) The petitioner shall not, directly or indirectly, make any inducement, threator promise to any person acquainted with the facts of the case so as to dissuade himfrom disclosing such facts to the Court or to any police officer.(vii) The petitioner shall also not, directly or indirectly, cause any threat to thedefacto complainant and witnesses and shall not tamper the evidence.(viii) The petitioner shall not leave India without the previous permission of theCourt.(ix) The petitioner shall furnish his residential address and mobile number tothe concerned Magistrate.(x) The petitioner shall not enter into the defacto complainant's house orhis/her work place.(xi) On breach of any of the aforementioned conditions, the learned JudicialMagistrate or Trial Court, as the case may be, is entitled to pass appropriate ordersagainst the petitioner in accordance with law as if the aforementioned conditions are6/8 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.5985 of 2025imposed by him as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. Stateof Kerala [(2005) 13 SCC 283]. 8. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 04/04/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023. PALTO1 THE JUDICIAL MAGISTRATE NO.IIITRICHY.2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATETRICHY.3 THE INSPECTOR OF POLICE,ECONOMICAL OFFENCE WING,TRICHY4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.K.SATHISH KUMAR, Advocate ( SR-4098[I] dated 08/04/2025 )7/8 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.5985 of 2025 ORDER IN CRL OP(MD) No.5985 of 2025 Date :04/04/2025 SS/SAR- /02/05/2025/ 8P/6CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 8/8