Jeeva v. The State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.11.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR CRL.O.P.No.28685 of 2025 Jeeva ... Petitioner

Versus

The State rep by its, The Inspector of Police, Mettur Police Station, Salem District.

(Crime No.465 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 482 of B.N.S.S., to enlarge the petitioner on bail in the event of his arrest in Crime No.465 of 2025 on the file of the respondent police.

For Petitioner :

Mr.J.Ganesh For Respondent :

Mr.S.Udaya Kumar, Government Advocate (Crl. Side)

O R D E R

The petitioner, who apprehends arrest by the respondent police for the offence punishable under Sections 406 and 420 of IPC, in Crime 1/8

No.465 of 2025 seeks anticipatory bail.

2.The allegation against the petitioner is that, while he was working as postmaster at Masilapalayam, Mettur dam, the petitioner has misappropriated a sum of Rs.2,06,400/- which was deposited in the public savings money. Hence, the complaint.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is ready and willing to pay the entire amount. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner misappropriated a sum of Rs.2,06,400/- and that the investigation is still pending. However, he opposed for grant of anticipatory bail to the petitioner.

5. Heard the learned counsel for the petitioner as well as the learned 2/8

Government Advocate (Crl.side) and perused the materials available on record.

6. Considering the submissions made by the learned counsel on either side, nature of the allegations and the fact that the petitioner is ready to deposit the amount, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen

(15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate No.I, Mettur Dam, on condition that 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(a) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may 3/8

obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) (i) the petitioner is directed to deposit a sum of Rs.2,06,400/- (Rupees Two Lakhs Six Thousand Four Hundred only) within a period of two weeks from the date of receipt of a copy of this order, in the concerned Post Office. The Officer-in-charge of the said post office is directed to receive the said amount and keep it in a "Suspense Account", and this amount may be adjusted as and when any issue arises regarding non-accounting of the money deposited in the savings bank account or against the amounts alleged to be misappropriated in the complaint.

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(ii) the petitioner shall report before the respondent police, everyday at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation;

(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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

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To 1.The Judicial Magistrate No.I, Mettur Dam.

2. The Inspector of Police, Mettur Police Station, Salem District.

3.The Public Prosecutor, High Court, Madras.

Copy to:

1.The Officer-in-charge Mettur PS Saragam, Mettur Dam Masilapalayam Branch Post Office.

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K.RAJASEKAR, J.

drl CRL.O.P.No.28685 of 2025 7/8

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