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2025 DAILYLAW 189448 (MAD)

R.KARUNANITHI v. State by Inspector of Police

CRL OP/30488/2025 · 2025-11-10

K Rajasekar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.OP.No.30488 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 10.11.2025 CORAM THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.30488 of 2025 R.Karunanithi ... Petitioner Vs. State rep by Inspector of Police, EOW Police Station, Thiruvannamalai, Thiruvannamalai District. ... Respondent (Crime No.2 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on anticipatory bail, in the event of his arrest, in Crime No.2 of 2025 on the file of the Inspector of Police, EOW Police Station, Thiruvannamalai,Thiruvannamalai District. For Petitioner : Mr.R.Hemalatha For Respondent : Mr.A.Gopinath 1/5 https://www.mhc.tn.gov.in/judis Crl.OP.No.30488 of 2025 Government Advocate (Crl. Side) ORDER The petitioner/A5, who apprehends arrest for the alleged offence under Sections 316, 316(4), 336, 340, 344 of BNS, 2023 in Cr.No.2 of 2025 on the file of the respondent police, seeks anticipatory bail. 2. Earlier, this Court has dismissed the petitioner's anticipatory bail petition vide order dated 12.09.2025 in Crl.O.P.No.24751 of 2025. The relevant portions of order are extracted here under : “4. The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that the petitioner along with other accused persons of the Thiruvannamalai District Central Co- operative Bank, Gandhi Nagar East Branch i.e.,its member were pledged furious jewels committed misappropriation on which the petitioner's name also included as an accused No.5 and he was alleged that he pledged furious jewels to the tune of Rs.20,00,000/- . Hence, he opposed for grant of anticipatory bail to the petitioners. 5. Heard the learned counsel for the petitioner as well as the learned Government Advocate (Crl.Side) and perused the materials available on record. 6. Considering the facts and circumstances of the case, 2/5 https://www.mhc.tn.gov.in/judis Crl.OP.No.30488 of 2025 gravity of offence and the stage of investigation, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, this Criminal Original Petition for anticipatory bail stands dismissed”. 3. It is stated that the petitioner personally appeared before the Enquiry Officer authorized to conduct an enquiry under Section 81 of the Tamil Nadu Co-operative Societies Act and submitted that he had filed the loan application. He further submitted that, in order to help one Ramadass, he had received jewels from him, pledged the same in the bank, and obtained a loan of Rs.21.64 lakhs. The materials collected in the enquiry, including the enquiry report, loan application, and other documents, were considered by the Enquiry Officer, and only thereafter the complaint came to be lodged. 4. Though it is contended by the learned counsel for the petitioner that the petitioner did not receive any money, it is specifically alleged in the complaint that funds were transferred to his account. It is also stated by the Society that money was withdrawn separately by using withdrawal slips. Hence, the contention that the complaint is based merely on presumption and that the petitioner has not misappropriated any amount cannot be 3/5 https://www.mhc.tn.gov.in/judis Crl.OP.No.30488 of 2025 accepted. As stated in the enquiry report referred to in the earlier paragraph, the role of the petitioner has been elaborately considered, and so far, no amount has been recovered from the petitioner in respect of the loan obtained by pledging the spurious jewels. If the petitioner is granted bail, he is likely to hamper the investigation. Further, the money belonging to the Society has been misappropriated, and the total amount involved in this case is Rs.2.88 crores, and the investigation is still pending. Though it is stated that some of the accused have been granted bail, the reasons assigned in their cases stand on a different footing and cannot be applied to the case of the present petitioner. 5. Accordingly, this Criminal Original Petition is dismissed. 10.11.2025 Vv 4/5 https://www.mhc.tn.gov.in/judis Crl.OP.No.30488 of 2025 To 1. The Judicial Magistrate-II, Thiruvannamalai, Thiruvannamalai District. 2. The Inspector of Police, EOW Police Station, Thiruvannamalai, Thiruvannamalai District. 3.The Public Prosecutor High Court of Madras, Chennai 600 104. 5/5 https://www.mhc.tn.gov.in/judis Crl.OP.No.30488 of 2025 K.RAJASEKAR , J. Vv Crl.O.P.No.30488 of 2025 10.11.2025 6/5 https://www.mhc.tn.gov.in/judis Crl.OP.No.30488 of 2025 7/5 https://www.mhc.tn.gov.in/judis