Meena Sennammal vs State

A.D.Jagadish Chandira, J

The petitioner, who was arrested and remanded to judicial custody on 23.02.2023 for the offences punishable under Sections 408 and 477A of IPC in Crime No.2 of 2023, on the file of the respondent Police, seeks bail.

The case of the prosecution as per the defacto complainant who is working as a Deputy Registrar, Sakthi Co-operative Housing Society, Coimbatore is that the petitioner along with other accused have misappropriated a sum of Rs.61,58,994/- by making various falsification of accounts. Hence the complaint.

The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and she has been falsely implicated in this case. He would further submit that the affairs of the society was done by the elected members and the petitioner has no role. He would further submit that the entire case of the prosecution is borne out by the documents. He would further submit that the petitioner is in judicial custody from 23.02.2023 and till date, the respondent Police have not taken the custody of the petitioner. He would also submit that the petitioner, without prejudice to her defense and contention, is ready and willing to deposit the original title deeds of any immovable property to the tune of Rs.25 lakhs either belonging to herself or her friends or her relatives. Hence, he prays for grant of bail to the petitioner.

The learned Government Advocate (Crl.Side) appearing for the respondent would submit that it is a case where the petitioner, who was working as a Secretary in the Sakthi Co-operative Housing Society, Coimbatore, along with another accused have misappropriated a sum of Rs.61,58,994/-. The said loss was found to be made through several transactions from the year 2015 to 2021. Hence, he opposed for grant of bail to the petitioner.

5.Heard the learned counsel for the petitioner and the learned Government Advocate (crl.side) and perused the materials available on record.

Taking into consideration the facts and circumstances of the case, the submissions made by either side and also taking note of the fact that the case of the prosecution is borne out by the records, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is directed to deposit the original title deeds of an immovable property not less than the value of Rs.25 lakhs (which stands in the name of the petitioner or her relatives or her friends) to the credit of Crime No.2 of 2023, without prejudice to her rights and contentions before the trial Court and on such deposit, and production of proof, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate No.IV, Coimbatore and on further conditions that:

[a] 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;

[b] the petitioner shall report before the respondent Police daily at 10.30 a.m., for a period of two weeks and thereafter, on every Saturday at 10.30 a.m., until further orders;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[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 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];

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.