Shanmugam v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-02-2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR

1. Shanmugam

2. Balaraman

3. Iyyanar @ Iyanar ..Petitioner(s) Vs State represented by Station House Officer, Inspector of Police, EOW at CCIW Police Station, Villupuram.

In Crime No.5/2025 ..Respondent(s) Prayer:- Criminal Original Petition filed under Section 482 of B.N.S.S., to enlarge the Petitioners on anticipatory bail in the event of arrest in Crime No.5 of 2025 on the file of the Respondent.

For Petitioner(s):

Mr.K Rahul For Respondent(s):

Ms.J.R.Archana Government Advocate (Crl. Side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 408, 120(B), 471, 477A of IPC, in Crime No.5 of 2025, on the file of the respondent police, seek anticipatory bail.

2.The allegation against the petitioners is that, while serving in various capacities within the Co-operative Society, they engaged in the falsification of records and misappropriated a sum of Rs.11,21,110/-. Consequently, the present case has been instituted against them.

3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent and never committed any offence as alleged by the prosecution; and that the petitioners are ready to produce solvent sureties and to abide by any conditions that may be imposed by this Court and also undertake to appear and to co-operate for the investigation, and sought for anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl.Side) for the respondent police reiterated the prosecution case and submitted that the petitioners have misappropriated an amount of Rs.11,21,110/- from the co-operative society by creating bogus agricultural loan and falsified receipts along with making false entries in the co-operative society records and the said amount was also recovered from the petitioners. He further submitted that the investigation in this case is pending. Hence, he opposed for the grant of anticipatory bail to the petitioners.

5.Considering the nature of allegations and the overtact attributed against the petitioners and though the investigation in this case is pending, and the amount is also recovered from the petitioners, I am of the view that the custodial interrogation of the petitioners is not necessary, I am inclined to grant anticipatory bail to the petitioners, subject to certain conditions. 6.

Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Kallakuruchi, on condition that the petitioners shall execute a separate bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioners shall report before the respondent police everyday at 10:30 a.m., for a period of one week and thereafter as and when required for interrogation. [c] the petitioners shall not tamper with evidence or

witness either during investigation or trial. [d] the petitioners shall not abscond either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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)AIR SCW 5560].

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.

19-02-2026 GBI To 1.State represented by Station House Officer, Inspector of Police, EOW at CCIW Police Station, Villupuram.

In Crime No.5/2025 2.The Judicial Magistrate No.I, Kallakuruchi. 3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J.

GBI 19-02-2026