Madras High CourtCRL OP(MD)/11282/2026granted

Gunaseelan, v. State Of Tamilnadu Rep By Inspector Of Police, Eow

2026-06-16Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16.06.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 11282 of 2026 Gunaseelan

...Petitioner

Vs State of Tamil Nadu rep. by The Inspector of Police, Economic Offence Wing, Madurai.

(Crime No.01 of 2026)

...Respondent/Complainant

For Petitioner : Mr.R.Saravanan Advocate For Respondent : Mr.G.Ganesh Kumar Government Advocate (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 01 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 27.05.2026, for the offences punishable under Sections 409, 420, 465, 468, 471, 477A of IPC, in Crime No.01 of 2026 on the file of the 1/6

respondent police, seeks bail.

2. The case of the prosecution is that the petitioner was working as Salesman and holding the additional charge of the post of Manager in Southern Railway Employees Cooperative Stores Ltd., Madurai. During his tenure, he created false records and misappropriated a sum of Rs.3,07,082/- from the period 01.04.2018 to 31.03.2019. The same was found in the year 2021. Enquiry under Section 81 of the TNCS Act was also conducted. On the basis of the Enquiry Report the case has been registered.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. Some double entries were made and some of the entries have been omitted. After the inspection, he has deposited the above said amount with accrued interest. Hence, he prayed bail for the petitioner.

4. The learned Government Advocate (crl. Side) appearing for the respondent would submit that the offence are grave in nature. The petitioner has misappropriated the amount of Rs.3,07,082/-. He has also deposited the same. 2/6

The petitioner has no previous case. Investigation is still pending. Hence, he opposed the grant of bail to the petitioner.

5. This Court heard both sides and perused the materials available on record.

6. Considering the rival submissions made by the learned counsel on either side, considering the nature of charges levelled against the petitioner, the alleged misappropriated amount has been deposited to the account of concerned society, the petitioner has no previous case, the FIR has been registered after the delay of 7 years, and considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on bail on condition to 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.III, Madurai, and on further conditions that:

[b] the petitioner shall report before the respondent police at 10.30 a.m., on every Friday, for a period of four weeks, 3/6

thereafter as and when required.

[c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected;

[d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence; [f] On breach of any of the aforesaid conditions, the learned Judicial 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 5010]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(P D B J) 16.06.2026 TM 4/6

To 1.The Judicial Magistrate No.III, Madurai.

2.The Inspector of Police, Economic Offence Wing, Madurai. (Crime No.01 of 2026) 3.The Superintendent, District Jail, Madurai. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J.

ORDER

IN CRL OP(MD) No. 11282 of 2026 Date : 16.06.2026 6/6