L. Muniyandi v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI L.Muniyandi, S/o.Lakshmanan ... Petitioner/Accused Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, DCB Police Station, Dindigul District.

(Crime No.16 of 2024) ... Respondent/Complainant For Petitioner : Mr.S.Saranraj, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.16 of 2024 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 403, 409, 418, 463, 464 and 477A of IPC in Crime No.16 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was working as a Branch Postal Officer in G.Thumlapatti since 04.11.1996. Based on a complaint lodged by a customer holding an account under the "Selvamagal Savings Scheme" in the G. Thumlapatti Post Office, the de-facto complainant, who is the Postal Sub-Divisional Inspector, initiated an enquiry at the said post office. Upon enquiry, it was found that the petitioner had misused public deposit funds for his personal use. Subsequently, the de-facto complainant initiated departmental proceedings and suspended the petitioner from service on 17.08.2024. During the course of the investigation, the petitioner admitted the offence committed, cooperated with the enquiry, and deposited a sum of Rs.25,000/-. However, during a subsequent enquiry by the de-facto complainant, it was revealed that the petitioner had misappropriated a total sum of Rs.51,21,609/- of public money by failing to make necessary entries in the postal account. The de-facto complainant thereafter 2/5

attempted to contact the petitioner to attend the departmental enquiry, but the petitioner failed to appear. Hence, a case has been registered.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case. He, however, submitted that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail.

4. The learned Government Advocate (Criminal Side), by filing a status report, submitted that the petitioner is the sole accused in this case. As per the First Information Report, there are 85 victims/depositors, and a sum of Rs.51,21,609/- was misappropriated by the petitioner. According to the status report, 48 victims/depositors have been examined so far, and it has been found that a sum of Rs.43,64,983/- was misappropriated. He further submitted that the petitioner has repaid only a sum of Rs.15,000/-. He further submitted that the investigation in this case is pending. Hence, he strongly opposed to grant anticipatory bail to the petitioner.

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5. Taking into consideration the facts and circumstances of the case, the nature of the offence allegedly committed by the petitioner, the strong objection raised by the learned Government Advocate (Criminal Side), and also taking note of the fact that the investigation in this case is still pending, and that the petitioner has repaid only a sum of Rs.15,000/-, and that as per the status report, a sum of Rs.43,63,983/- is yet to be recovered from him, this Court is of the view that custodial interrogation of the petitioner is necessary in this case. Hence, this Court is not inclined to grant anticipatory bail to the petitioner at this stage.

6. Accordingly, this Criminal Original Petition is dismissed. sd/- 14/07/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

MKN TO 1.THE INSPECTOR OF POLICE, DCB POLICE STATION, DINDIGUL DISTRICT.

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2.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.10835 of 2025 Date :14/07/2025 NM/18.08.2025/ 5P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5