Rooban v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.10.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.28805 of 2025 Rooban ... Petitioner Vs.

The State, Represented by The Inspector of Police, Nannilam Police Station, Tiruvarur.

... Respondent (Cr.No.224 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in the event of arrest in Crime No.224 of 2025 on the file of the respondent police station. For Petitioner : Mr.K.Rahul For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl. Side)

ORDER

The petitioner apprehends arrest for the alleged offence under Section 316(2), 316(4), 318 (2) and 318(4) of BNS, 2003 in Cr.No.224 of 2025, on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that while the petitioner working as a 1/6

Field Officer in the defacto complainant's Company viz., M/s.Asirvad Micro Finance Limited, he had joined hands with other accused, collected a sum of Rs.4,81,154/- and without handing over the same to the defacto complainant and misappropriated the same. Hence, the present case.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any such offence as alleged by the prosecution. He further submitted the petitioner has collected only a small amount i.e.,Rs.55,313/- and he has been falsely implicated in this case. He further submitted that the petitioner is ready to deposit part of the amount to show his bonafide without prejudice his trust and prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and reported that the total amount involved in this case is Rs.4,81,154/-. He further reported that totally there are ten accused were involved in this case and this petitioner is ranked as A3 and this petitioner has separately collected a sum of Rs.55,000/- and misappropriated the same. Hence, he strongly opposed the grant of anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the facts that this petitioner has misappropriated a sum 2/6

of Rs.55,000/- and the manner in which the occurrence alleged to have been taken place, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is directed to deposit a sum of Rs.55,000/- [Rupees Fifty Five Thousand Only] to the credit of Crime No.224 of 2025 before the trial Court, on such deposit and production of proof, the petitioner is ordered to be released on bail in the event of arrest or on his appearance within a period of fifteen (15) days from the date on which the order copy made ready, before the learned District Munsif-CumJudicial Magistrate Court, Nannilam, Thiruvarur District on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each for a like sum to the satisfaction learned Magistrate concerned, and on further condition that: (a) If the petitioner fails to surrender before the concerned Magistrate within a period of fifteen (15) 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, 3/6

2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity; (c) 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;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560]; (e)If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

24.10.2025 Vv To

1. The District Munsif-Cum-Judicial Magistrate Court, Nannilam, Thiruvarur District.

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2. The Inspector of Police, Nannilam Police Station, Tiruvarur.

3.The Public Prosecutor High Court of Madras, Chennai 600 104.

K.RAJASEKAR , J.

Vv 5/6

Crl.O.P.No.28805 of 2025 24.10.2025 6/6