Prabhakaran v. State Of Tamilnadu Rep By Inspector Of Police, Dcb

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02.02.2026 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No.178 of 2026 Prabhakaran ... Petitioner Vs.

The State of Tamil Nadu, Rep by the Inspector of Police, District Crime Branch, Thoothukudi, Thoothukudi District.

(Crime No.47 of 2025) ... Respondent For Petitioner : Mr.M.Karthikeyavenkatachalapathy For Respondent : Mr.A.S.Abul Kalaam Azad Government Advocate (Crl.Side) For Intervenor: Mr.S.Bharathy Kannan PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.47 of 2025 on the file of the respondent police.

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ORDER: The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 318(3), 318(4) and 336(3) of BNS, in Crime No.47 of 2025, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant is the Managing Director of Velavan Hyper Market Private Limited situated at GIN Factory Road, Thoothukudi, which was established in the year 2013. In the year 2020, the defacto complainant established a Branch Outlet of the said Hyper Market at Ettaiyapuram Road, Thoothukudi and appointed petitioner herein as its Sales Manager, who worked in the said capacity for 5 years. From June 2023 onwards, the defacto complainant noticed considerable financial losses in the branch outlet despite an adequate supply of goods. The petitioner herein had misappropriated a sum of Rs.1,07,438/-. When the same came to light, the petitioner absented himself from duty with effect from 12.04.2025 without offering any explanation and on 16.04.2025, assaulted, abused and threatened Asir Sham Sikamani with dire consequences. The said Asir Sham Sikamani lodged a complaint in Crime No.415 of 2025 before the SIPCOT Police Station, Thoothukudi. After examining the book of accounts, it was found that there 2/6

was shortage of stock valued at Rs.2,69,77,927/- which caused loss to the defacto complainant. The petitioner colluded with the Chief Manager, namely Krishnamani (A2) and illegally sold the stock worth Rs.2,69,77,927/-. Hence, the apprehension of arrest. Hence, a case has been registered as against the petitioner.

3.The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and the petitioner has not committed any offence. He seeks this Court to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl. side) appearing for the respondent submitted that the offences committed by the petitioner are serious in nature.

5.This Court directed the petitioner to deposit Rs.1,50,000/- in the crime number and the petitioner has deposited the same and cooperated for the investigation.

6. Taking into consideration of the facts and circumstances of the case 3/6

and since the petitioner has complied with the conditions imposed in the interim anticipatory bail regularly, the interim anticipatory bail already granted is made absolute and this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, 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 Learned Judicial Magistrate No.IV, Thoothukudi, within a period of fifteen days from the date on which the order made ready 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 Aadhaar 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 two weeks and thereafter, as and when required. [c]the petitioner shall not tamper with the 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 4/6

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 is 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 absconds, a fresh FIR can be registered under Section 269 of BNS.

02.02.2026 TMG TO 1.Judicial Magistrate No.IV, Thoothukudi.

2.The Inspector of Police, District Crime Branch, Thoothukudi, Thoothukudi District.

3.The Additional Public Prosecutor, Madurai Bench Of Madras High Court, Madurai.

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S.SRIMATHY,J TMG

ORDER

IN CRL OP(MD) No.178 of 2026 Date : 02.02.2026 6/6