Citation : 2026 Latest Caselaw 2765 Mad
Judgement Date : 22 May, 2026
Crl.O.P.No.13488 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.05.2026
CORAM:
THE HON'BLE MR.JUSTICE R.SAKTHIVEL
Crl.O.P.No.13488 of 2026
G.Vikram Kanna
S/o. Ganapathy,
No.3/14, North Street,
Thenkalam Pudur,
Tirunelveli District. ... Petitioner / Sole Accused
Versus
State rep. by
The Inspector of Police,
Keevalur Police Station,
Nagapattinam District.
(Crime No. 187/2026) ... Respondent/Complainant
PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya
Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on
anticipatory bail in the event of his arrest by the respondent in Cr.No.187 of
2026 on the file of the respondent herein.
For Petitioner : Mr.G.Mageshkumar
For Respondent : Mr.C.R.Malarvannan
Government Advocate (Criminal Side)
ORDER
This Criminal Original Petition has been filed by the petitioner on
19.05.2026 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023
praying to grant an order of pre-arrest bail.
https://www.mhc.tn.gov.in/judis
2. The petitioner / Sole Accused, apprehends arrest at the hands of the
respondent police for the alleged offences punishable under Sections 316 (5),
318 (4) of Bharatiya Nyaya Sanhita, 2023 in Crime No. 187/2026 on the file of
the respondent police.
3. The case of the prosecution is that the petitioner, who was working as
Branch Manager transferred money lying in the accounts belonging to deceased
persons to the bank’s official account and the same was transferred to another
person’s account, thereby causing a loss of Rs.8,74,353/- to the bank. Hence,
the complaint.
4. The learned counsel for the petitioner would submit that the petitioner
is an innocent person and he has been falsely implicated in this case. Hence he
prayed to grant an order of pre-arrest bail to the petitioner.
5. The learned Government Advocate (Criminal Side) appearing for the
respondent submitted that there is no previous case is pending as against the
petitioner and the borrower has settled the entire amount.
6. Heard on both sides. This Court has perused the records.
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7. Considering the above facts and circumstances of the case, the nature
of the offence alleged to have committed by the petitioner and also considering
the fact that there is no previous case is pending as against the petitioner and the
borrower has settled the entire amount, this Court is of the view that the
custodial interrogation of the petitioner may not be required by the investigating
agency. Hence, this Court is inclined to grant an order of pre-arrest bail to the
petitioner subject to the following conditions.
(i) The petitioner shall be released on bail in the event of his arrest or in
the event of his surrender before the learned Judicial Magistrate, Kilvelur,
within a period of 15 days from today, on executing a bond for a sum of
Rs.10,000/- (Rupees Ten Thousand only), along with two sureties each for a like
sum of Rs.10,000/- to the satisfaction of the learned Judicial Magistrate,
Kilvelur;
(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, Kilvelur shall obtain
a copy of any one of identity proofs to ensure their identity;
https://www.mhc.tn.gov.in/judis
(iii) The petitioner shall appear and sign before the respondent police,
weekly twice ie., on Monday and Friday at 10.00 a.m, until further orders;
(iv) The petitioner shall make himself available for interrogation by
police as and when required;
(v) 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;
(vi) The petitioner shall not enter into the defacto complainant's house
and workplace; and
(vii) On breach of any of the aforementioned conditions, the learned
Judicial Magistrate, Kilvelur/Trial Court is entitled to pass appropriate orders
against the petitioner in accordance with law as if the aforementioned conditions
are imposed by themselves as laid down by the Hon’ble Supreme Court in
P.K.Shaji Vs. State of Kerala [(2005) 13 SCC 283].
https://www.mhc.tn.gov.in/judis
8. Accordingly, this Criminal Original Petition is allowed subject to the
conditions stated supra.
22.05.2026
Index : Yes/No Internet : Yes/No Neutral citation : Yes/No dh/rsi
Note:-
1.Registry is directed to forthwith upload this order in the official website of this Court.
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.
To
1. The Judicial Magistrate Court, Kilvelur.
2. The Inspector of Police, Keevalur Police Station, Nagapattinam District.
3.The Public Prosecutor, High Court, Madras.
https://www.mhc.tn.gov.in/judis
R.SAKTHIVEL, J.
dh/rsi
22.05.2026
https://www.mhc.tn.gov.in/judis
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