C.Padmanabhan vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 08.01.2026 for the alleged offences under Sections 205, 210, 419, 466, 467, 468, 471 and 420 IPC, in Crime No.1 of 2022 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner/A1 had committed acts of impersonation, forgery, fabrication of records and misappropriation of compensation amounts awarded in M.C.O.P.No.416 of 2005, M.C.O.P.No.544 of 2012 and M.C.O.P.No.297 of 2014. The allegation against the petitioner is that he had misappropriated the Court funds to the tune of Rs.8,75,000/-. Hence, the present case.

The learned counsel for the petitioner submitted that the petitioner has filed an affidavit of undertaking to deposit a sum of Rs.8,75,000/- before the learned Judicial Magistrate No.I, Kancheepuram, in order to show his bona fides. Hence, he prayed for grant of bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for the respondent police strongly opposed the bail application and submitted that the petitioner, aged about 58 years, had misappropriated the Court funds, and therefore the petitioner should deposit the alleged misappropriated amount.

I have given anxious consideration to the submissions made by the learned counsel appearing on either side and also perused the materials available on record.

The memo filed by the petitioner is taken on record. The affidavit filed by the petitioner/Accused No.1 is extracted as follows:

In view of the undertaking given by the petitioner in the affidavit to deposit a sum of Rs.8,75,000/-, this Court is inclined to enlarge the petitioner on bail, on condition that the petitioner shall deposits Rs.8,75,000/- before the learned Judicial Magistrate No.I, Kancheepuram on or before 17.03.2026. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate Court No.I, Kancheepuram, and subject to the following conditions:

[a] the petitioner/accused shall deposit a sum of Rs.8,75,000/- to the credit of Crime No.1 of 2022 on the file of the learned Judicial Magistrate No.I, Kancheepuram on or before 17.03.2026;

[b] On such deposit being made, the Judicial Magistrate No.I, Kancheepuram shall redeposit the said amount in a Fixed Deposit Account, in any one of the Nationalized Banks, renewable thereafter periodically. The disbursal of this amount shall be decided at the culmination of the Criminal Case;

[c] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[d] the petitioner shall report before the respondent police twice a day at 10.30 a.m. and 05.30 p.m. for a period four weeks and thereafter appear before the respondent police daily at 10.30 a.m. for a further period of two weeks and as and when required for interrogation;

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

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

[g] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[h] if the petitioners thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.