Tamilarasan v. State Rep By, Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.01.2026

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP No.1716 of 2026 Ramakrishnan ... Petitioner Vs The State Rep by, The Station House Officer, Desur Police Station, Tamil Nadu.

(Crime No.173 of 2023) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of B.N.S.S Act, to enlarge the petitioner on Anticipatory bail in the event of his arrest in Crime No.173 of 2023 pending on the file of the respondent police. For Petitioner :

Mr. Zeakumar Jayabalan For Respondent :

Ms. J.R.Archana, Government Advocate (Crl. Side) ******* 1/6

ORDER

The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Section 409 of IPC in Crime No.173 of 2023, on the file of the respondent Police, seek anticipatory bail.

2. The allegation against the petitioner is that the petitioner while working in Post Office, misappropriated a sum of Rs.30,000/- from the Small Savings Scheme. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the misappropriated money has already been repaid by the petitioner. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) reiterated the prosecution case and also confirmed the fact that the petitioner had repaid the misappropriated amount.

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5. Considering the nature of allegations and the submission made on both side and the fact that the misappropriated amount has already been paid by the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions:

6. Accordingly, the petitioner is 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 learned Judicial Magistrate, Vanthavasi on condition that each of the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand Only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition that: [a] if the petitioner fails to surrender before the concerned Magistrate within a period of fifteen days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

[b] 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;

[c] the petitioner shall report before the 3/6

respondent police daily at 60.30.p.m., for a period of two weeks and thereafter as and when required for interrogation;

[d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner 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)13 SCC 283];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 27.01.2026 sma To

1. Judicial Magistrate, Vanthavasi

2. The Station House Officer, Desur Police Station, Tamil Nadu.

3.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J.

sma 27.01.2026 6/6