Sathish Vs State Rep. by The Inspector of Police

PRAYER :- Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant pre-arrest bail to the petitioner in Crime No.367/2025 pending investigation on the file of the respondent.

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For Petitioner(s): Mr. E.Kannadasan Advocate. For Respondent(s): Mr.V.Meganathan, Government Advocate (Criminal Side)

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CRL OP No. 12966 of 2026

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ORDER : The Court made the following order :-

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This Criminal Original Petition has been filed by the petitioner on 12.05.2026 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail.

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The petitioner apprehends arrest at the hands of the respondent-police

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for the offences punishable under Section 316(5) of BNS, 2023, in Crime No.367 of 2025 on the file of the respondent-police.

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The case of the prosecution is that the defacto complainant, in his complaint, alleged that the petitioner is working as Branch Post Master of Paranji Post Office. On 08.07.2025, while the defacto complainant conducting audit in the petitioner’s post office, he found some irregularities and misappropriation of funds around Rs.38,25,189/- by altering the accounts by fabrication of entries in the account and he failed to deposit the amount to the head office. Hence, the case.

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Mr.E.Kannadasan, the learned counsel for the petitioner, submits that

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the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submits that he has already deposited a sum of Rs.10,00,000/- and he is ready and willing to deposit remaining sum of

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CRL OP No. 12966 of 2026

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Rs.28,00,000/- in two spells within eight months. He however submits that the petitioner is ready to abide by any conditions to be imposed by this Court. Accordingly, he prays to grant an order of pre-arrest bail to the petitioner.

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Per contra, Mr.V.Meganathan, the learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that the petitioner had misappropriated the sum of Rs.38,25,189/- by altering the accounts by fabrication of entries in the Post Office account. He further submits that there are no previous cases against the petitioner. However, he prays to dismiss this Criminal Original Petition.

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Heard on both sides. This Court has perused the records.

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The petitioner has permanent residence and deep roots in the society and therefore, there is less possibility of absconding. Considering the same and in view of the submission of learned counsel for petitioner, this Court is of the view that the custodial interrogation may not require in this case and the petitioner seeks time for the period of eight months to deposit the amount and taking note of the fact that there are no previous cases against the petitioner, and with a view to give an opportunity to the petitioner to reform himself, this Court is inclined to grant an order of pre-arrest bail to the petitioner subject to the following conditions:

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CRL OP No. 12966 of 2026

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(i) The petitioner shall be released on pre-arrest bail in the event of his arrest or in the event of his surrender before the learned Judicial Magistrate, Sholinghur , within a period of 15 days from the date on which the order copy is made ready, on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of the learned Judicial Magistrate, Sholinghur .

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(ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Judicial Magistrate shall obtain a copy of any one of identity proofs to ensure their identity.

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(iii) The petitioner shall deposit a sum of Rs.14,00,000/- (Rupees Fourteen Lakhs only) on or before 30.09.2026 into the credit of Crime No.367 of 2025 before the learned Judicial Magistrate, Sholinghur and he shall deposit the remaining sum of Rs.14,00,000/- (Rupees Fourteen Lakhs only) on or before 31.01.2027 into the credit of Crime No.367 of 2025 before the learned Judicial Magistrate, Sholinghur, failing which the prearrest bail will be cancelled automatically without reference to the Court.

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CRL OP No. 12966 of 2026

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(iv) The petitioner shall cooperate with the Investigating Agency

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without fail.

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(v) The petitioner shall make himself available for interrogation by a

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police officer as and when required.

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(vi) 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 him from disclosing such facts to the Court or to any police officer.

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(vii) The petitioner shall also not, directly or indirectly, cause any threat

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to the defacto complainant and witnesses and shall not tamper the evidence.

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(viii) The petitioner shall not leave India without the previous permission of the Court.

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(ix) The petitioner shall furnish his residential address and mobile number to the concerned Magistrate.

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(x) On breach of any of the aforementioned conditions, the learned

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Judicial Magistrate, Sholinghur is entitled to pass appropriate orders against

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CRL OP No. 12966 of 2026

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the petitioner in accordance with law as if the aforementioned conditions are imposed by them as laid down by the Hon'ble Supreme Court in P.K. Shaji vs.

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State of Kerala [(2005) 13 SCC 283] .

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Accordingly, this Criminal Original Petition is allowed subject to the

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conditions stated supra .

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20-05-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

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RPP/JRS

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Note:-

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1 .Registry is directed to forthwith upload this order in the official website of this Court.

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2 .All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code.

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To

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1. The Judicial Magistrate, Sholinghur.

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2. The Inspector of Police, Sholinghur Police Station, Ranipet District.

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3. The Public Prosecutor, High Court, Madras.

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