G. Annadurai v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL G. Annadurai S/o. Gopalarathinam, 170, Pillaiyar Kovil Street, Senthatti, Sankarankovil South, Namakkal, Tamilnadu 627 756.

..Petitioner(s) Vs The Inspector of Police Nallipalayam Police Station, Namakkal District.

..Respondent(s) PRAYER : To enlarge the petitioner on bail in the event of his arrest, in FIR Number 69/2026, under Sections 61(2), 336(3), 340(2), 316(5), 318(4) of the Bharatiya Nyaya Sanhita, 2023, on the file of the Respondent Police, on such terms and conditions as may be considered fit and necessary in the interest of justice, and pass any such further or other orders in the circumstances of the case and thus render justice.

For Petitioner(s):

Mr.B.Divakaran For Respondent(s):

Mr.A.Gopinath Government Advocate (Crl. Side)

ORDER

The petitioner, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 61(2), 336(3), 340(2), 316(5),

318(4) of BNSS Act, 2023 in connection with the case in Crime No.69 of 2026, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is a company represented by its Managing Director in Coastal Grand Holidays and Resorts. The petitioner, being the employee of the defacto complainant, along with other other accused have misappropriated money to the tune of Rs.12,00,000/-. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case and that the custodial interrogation is not required in this case and hence prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side), reiterated the prosecution case and on instructions, would submit that investigation is pending, however, there is no previous case against the petitioner and hence, he strongly opposed to grant anticipatory bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent police and perused the materials available on record.

6. Considering the rival submissions made by the learned counsel on either side and considering the nature of offences, even according to the prosecution case the occurrence took place on 29.09.2024 and the FIR was registered only on 18.03.2026 there is a dispute between the parties in respect of conducting business and there is no previous case pending against the petitioner and in that case already bail was granted to the co-accused, this Court is inclined to grant anticipatory bail to the petitioner on certain conditions.

7. 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 No.I, Namakkal on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), 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 conditions that:

[a] the petitioner 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 petitioner shall report before the respondent police daily at 10.30 a.m., for a period of thirty days until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner 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 petitioner in accordance with law as if the 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)AIR SCW 5560].

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

13-05-2026 Index: Yes/No Speaking/Non-speaking order MTL/SSB

Note :

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To

1. The Judicial Magistrate No.I, Namakkal.

2. The Inspector of Police Nallipalayam Police Station, Namakkal District.

3.The Public Prosecutor, High Court of Madras.

P.DHANABAL, J.

MTL/SSB 13-05-2026