K Mathiyazhagan Vs State Rep by — Madras HC (2025) — LawSathi Research

K Mathiyazhagan Vs State Rep by — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted to both petitioners: release on bail in the event of arrest or on appearance within fifteen days before the Judicial Magistrate No.II, Panruti, on a bond of Rs.10,000/- each with two sureties for like sum, subject to conditions including daily reporting before the respondent police at 10.30 a.m. until further orders, non-tampering with evidence/witnesses, and non-absconding; failure to comply leads to dismissal of the anticipatory-bail petition and permits fresh FIR under Section 269 of BNS upon absconding.

Issue for consideration

Whether anticipatory bail should be granted to the petitioners, who apprehend arrest for offences punishable under Section 316 of BNS in Crime No.1 of 2025 for alleged misappropriation of funds of the Edachithur Primary Agricultural Co-operative Credit Society, given that the misappropriated amount has been repaid and custodial interrogation is not considered necessary.

Court's answer

Considering the nature of allegation, the fact that the misappropriated amount have already been repaid by the petitioners, the case being borne out by records, and since custodial interrogation of the petitioners is not required for the purpose of investigation, this Court granted anticipatory bail to the petitioners subject to conditions.

Ratio / Principle

The petitioners were ordered to be released on bail in the event of arrest or on appearance within fifteen days before the Judicial Magistrate No.II, Panruti, on execution of a bond of Rs.10,000/- each with two sureties each for a like sum; failing which the petition for anticipatory bail shall stand dismissed.

Key takeaways

Additional conditions imposed: daily reporting before the respondent police at 10.30 a.m. until further orders; no tampering with evidence or witnesses; no absconding; on breach the learned Magistrate/Trial Court may act as laid down in P.K.Shaji vs. State of Kerala; and if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.ratio¶42

Detailed headnote1 paragraphs

Madras High Court (Sunder Mohan, J.), Crl OP No.2167 of 2025, order dated 05-02-2025: Anticipatory bail granted to K Mathiyazhagan and M.Manikandan, ranked A4 and A5 and salesmen of the Edachithur Primary Agricultural Co-operative Credit Society, who apprehended arrest for offences punishable under Section 316 of BNS in Crime No.1 of 2025 (CCIW CID, now Economic Offence Wing, Cuddalore) alleging misappropriation of society funds (text states 'Rs.7,44,639.75/lakhs'). Bail was allowed because the misappropriated amount had already been repaid, the case was borne out by records, and custodial interrogation was not required for investigation. Release ordered on appearance within fifteen days before the Judicial Magistrate No.II, Panruti on a bond of Rs.10,000/- each with two sureties for like sum, with conditions of daily reporting at 10.30 a.m. until further orders, non-tampering with evidence or witnesses, and non-absconding; on breach the Magistrate/Trial Court may act as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560], and if the accused thereafter absconds a fresh FIR can be registered under Section 269 of BNS.

Crl OP No.2167 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05-02-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN

CRL OP NO. 2167 of 2025

K Mathiyazhagan 2.M.Manikandan

Petitioner(s)

Vs

State Rep By The Inspector of Palice, CCIW CID, (Now Economic Offence Wing), Cuddalore, Cuddalore District. (Cr.No. 1 of 2025)

Respondent(s)

For Petitioner(s):

C Prakasam

For Respondent(s):

Mr.S.Balaji, Government Advocate (Crl.Side)

ORDER

The Petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 316 of BNS in Crime No.1 of 2025, on the file of the respondent police, seeks anticipatory bail.

The case of the prosecution is that the petitioners along with

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Crl OP No.2167 of 2025

other accused had misappropriated funds to the tune of Rs.7,44,639.75/lakhs from the Edachithur Primary Agricultural Co-operative Credit Society. Hence, the case.

3 . The learned counsel for the petitioners would submit that the petitioners are the salesman of the above said co-operative society, and they have been falsely implicated in this case; due to over burden of work, the petitioners could not maintained the stocks but the petitioners duly repaid along with interest; that the custodial interrogation of the petitioners are not necessary in this case. Hence, he prayed for grant of anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl. Side) would submit that he petitioners along with other accused had misappropriated funds to the tune of Rs.7,44,639.75/- lakhs from the Edachithur Primary Agricultural Co-operative Credit Society and the amount have been repaid; that the petitioners ranked as A4 and A5 and they are the salesmen of the above said co-operative society; that the petitioners are habitual offender and there is one previous case, similar in nature, against them. However, he vehemently opposed to grant anticipatory bail to the petitioner.

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

6.Considering the nature of allegation, the fact that the misappropriated amount have already been repaid by the petitioners, the case is borne out by records and since custodial interrogation of the petitioners is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions

(a) Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate No.II, Panruti, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only), each with two sureties, 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 said Magistrate, failing which, the petition for anticipatory bail shall

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Crl OP No.2167 of 2025

drl

stand dismissed and on further condition that:

[SUNDER MOHAN, J.

[b] the petitioners shall report before the respondent police daily at

10.30 a.m, until further orders.

(c) the petitioners shall not tamper with evidence or witness either during investigation or trial;

[d] the petitioners shall not abscond 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 Petitioners in accordance with law as if the conditions have been imposed and the Petitioners 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 absconds, a fresh FIR can be registered under Section 269 of BNS.

05-02-2025

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To

State Rep By The Inspector of Palice, CCIW CID, (Now Economic Offence Wing),

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Crl OP No.2167 of 2025

Cuddalore, Cuddalore District. (Cr.No. 1 of 2025)

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