Prasanth vs State

T.V.Thamilselvi, J

The petitioner, who was arrested and remanded to judicial custody on 12.12.2022 for the offences punishable under Sections 465, 467, 468, 471, 408, 420, 477(A), 120(B) of IPC, in Crime No.15 of 2022, on the file of the respondent police, seeks bail.

The case of the prosecution as per the de-facto complainant, is that the accused, who were the employees of the Vedha Motocrop, have misappropriated the funds to the tune of Rs.69,32,249/-, by manipulating the sales of 40 new two wheelers. Hence the case.

Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is no way connected with the alleged offence, since he has no power over finance dealing and also he is not in charge of Stock. He also submitted that the petitioner has been implicated only based on the confession statement recorded from the other accused. He further stated that the petitioner is in custody from 12.12.2022 and he is ready to abide by stringent conditions that may be imposed by this Court, hence, he prayed to grant bail to the petitioner.

Learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioner (A3) along with the other accused have misappropriated the fund of Vedha Motocrop, dealer of Yamaha Motor bikes, to the tune of Rs.69,32,249/-, by manipulating the sales of 40 new two wheelers. He further submitted that as per the prosecution, the petitioner herein has received about Rs.15 lakhs as his share from the co-accused. He further submitted that no previous case is pending as against this petitioner. However, he vehemently opposed to grant bail to the petitioner.

At this juncture, the learned counsel for the petitioner, on instructions, submitted that without prejudice to the rights, the petitioner is ready to deposit a considerable amount to the credit of the crime number. Hence, he prays for grant of bail to the petitioner.

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent and perused the materials available on record.

Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel for the petitioner and also taking note of the fact that the petitioner is volunteered to pay a sum of Rs.6,00,000/- to the credit of the Crime No.15 of 2022, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties (out of which, one should be the blood surety, who should produce document to show his/her means), each for a like sum to the satisfaction of the learned Judicial Magistrate, Katpadi, and on further conditions that:

[a] the petitioner shall deposit a sum of Rs.6,00,000/- (Rupees Six lakhs only) to the credit of Crime No.15 of 2022 before the learned Judicial Magistrate, Katpadi, within a period of three weeks from the date of receipt of a copy of this order and on such deposit, the de-facto complainant is permitted to withdraw the same, on filing undertaking affidavit and proper identification and acknowledgment;

[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] the petitioner shall report before the respondent Police on every Monday and Thursday at 10.30 a.m., for a period of three months and thereafter, on every Saturday at 10.30 a.m., for a period of three months and thereafter, as and when required for interrogation;

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

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

[f] 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];

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

List the matter for reporting compliance on 23.02.2023.