PAUL PRADEEP KUMAR @ KUTTY Vs. STATE REP BY

JUDGEMENT

(1.) The petitioners in Crl.O.P.No.15897 of 2019 are arrayed as A.2 and A.4 respectively and the petitioners in Crl.O.P.No.15899 of 2019 are arrayed as A.1 and A.3 respectively.

(2.) The first respondent has registered a case in Cr.No.134 of 2019 for the commission of the offences under Sections 409, 406 and 420 I.P.C., against Tvl.D.Jayakumar, Paul Pradeep Kumar @ Kutty, Antony Amaladoss and Samuel Wilson, on the basis of the complaint given by the second respondent - Personal Assistant to the Judge Administrator - the Honourable Mr.Justice K.Venkataraman, a retired Judge of this Court.

(3.) The case of the prosecution as culled out from the counter affidavit filed by the first respondent would disclose that A.1, namely, D.Jayakumar, connived with three other accused, namely, A.2 to A.4, had misappropriated the funds of the Industrial Training Institute of Tamil Evangelical Lutheran Church [in short 'TELC'] and its properties. It is further alleged that A.1 had collected rents from the tenants of the properties of TELC at Dindigul and appropriated the same for his personal gain and he has not remitted the collected rent to the coffers of TELC. It is further alleged by the prosecution that A.1, namely, D.Jayakumar has leased out a Students' Hostel Block belonging to the I.T.I., of TELC at Dindigul in favour of Samual Wilson/A.4 for running a vermicelli factory and he has collected a sum of Rs.6,000/- (Rupees Six Thousand only) per month as rent and received a sum of Rs.1,00,000/- (Rupees One Lakh only) towards advance without any authority and that apart, he has also leased out a part of the property belonging to I.T.I., of TELC, Dindigul, for running a Smart Plus Academy and misappropriated the rent and advance collected for his own gain without any authority. A.1 - D.Jayakumar also illegally occupied TELC Quarters situated at I.T.I., TELC campus, Nagal Nagar, Dindigul and put up a compound wall around 40 cents of property as if it is his own property.