G.K. THEPPESWARAN Vs. NASEEM BANU AND ORS.

JUDGEMENT

(1.) This petition has been filed by G.K. Theppeswaran, who is the elected Chairman of the Mopperipalayam Town Panchayat for cancellation of anticipatory bail, that was granted by this Court to Naseem Banu (first respondent herein) by order in Crl. O.P. No. 27442 of 2013 dated 20.10.2014.

(2.) Before adverting to the grounds raised in this petition, it is essential to narrate the accusations and allegations against Naseem Banu (first respondent/A -1). It appears that on the complaint lodged by G.K. Theppeswaran (petitioner herein) that there is embezzlement of the Panchayat Union funds, the District Collector ordered to conduct inspection and the District Inspection Committee conducted inspection and submitted a report dated 14.7.2014, which shows that a sum of Rs. 2,15,73,768/ - has been misappropriated by Naseem Banu (first respondent) systematically a short period of time, i.e., between September, 2013 and June, 2014. Naseem Banu assumed office as the Executive Officer of the Panchayat on 27.7.2014 and had the authority to make payments to various persons under different heads. The Municipality has six accounts, three in Indian Overseas Bank and three in the Indian Bank, for the purpose of handling various incomes and expenditures like water tax, house tax, electricity account, employees salary, purchases, laying of roads, etc. From the said six accounts, Naseem Banu had issued cheques to one Jahangir, her own brother to the tune of Rs. 77,02,015/ - on various dates. Similarly she has made unauthorised payments as follows:

(3.) Based on the report submitted by the District Inspection Committee and on the complaint lodged by the Assistant Director of Town Panchayat, the District Crime Branch, Coimbatore registered a case in Cr. No. 40 of 2014 on 15.7.2014 for the offences under Ss. 120B, 409, 468, 471 r/w 420 IPC.