[Cites 7, Cited by 0]
Madras High Court
Sathiyakala vs The State Rep By The Inspector Of Police on 22 May, 2026
CRL OP No. 13552 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-05-2026
CORAM
THE HON'BLE MR.JUSTICE R.SAKTHIVEL
CRL OP No. 13552 of 2026
Sathiyakala
No.13C/29, Vellaikulam Street, Kanchipuram-631
502
..Petitioner/A5
Vs
The State rep by
The inspector of police
DCB Kanchipuram
(Crime No. 05 of 2026)
..Respondent/
Complainant
PRAYER :- Criminal Original Petition filed under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to enlarge the
petitioner on bail in the event of the arrest on crime no.05 of 2026 on the file of
the respondent and thus render justice.
For Petitioner : Mr.Abi M
For Intervenor : Mr.A.Reegan
For Respondent : Mr.C.R,Malarvannan
Counsel for Government of Tamilnadu
(Criminal Side)
ORDER
This Criminal Original Petition has been filed by the petitioner on
19.05.2026 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita
(BNSS), 2023, praying to grant an order of pre-arrest bail.
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2. The petitioner apprehends arrest at the hands of the respondent-police
for the offences punishable under Sections 463, 470, 477A, 420, 34, 109 of IPC,
in Crime No.05 of 2026 on the file of the respondent-police.
3. The case of the prosecution is that A1 to A4, claiming to be Head of
the Department and Zonal Heads of Annamal Institute of Hotel and Hospital
Management, had collected amounts directly for their personal accounts and
received cash as fees from the students and misappropriated the funds which
caused severe loss to the tune of Rs.50,00,000/- to the institute and the
allegation against the petitioner is that she failed to inform the fraudulent
activity to the Management. Hence the case.
4. Mr.Abi M, the learned counsel for the petitioner, submits that the
petitioner is an innocent person and he has not committed any offence as
alleged by the prosecution. He further submits that the petitioner has been
falsely implicated in this case. 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.
5. Mr.C.R,Malarvannan, learned counsel for Government of Tamilnadu
(Criminal Side) on instructions submits that the petitioner is cooperating with
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investigating agency. Further, custodial interrogation of the petitioner is not
required for the purpose of investigation in connection with Crime No.05 of
2026.
6. Mr.A.Reegan, learned counsel for the defacto complainant / intervenor
submits that the petitioner along with first accused conspired together and
misappropriated sum of Rs.50 Lakhs from the defacto complainant. Hence, if
pre-arrest bail is granted to the petitioner, the petitioner may cause threat to the
witnesses and may erase the evidences.
7. Considering the facts and circumstances of the case, the nature of the
offences; that the petitioner has permanent residence and deep roots in the
society; there is less possibility of absconding; this Court is inclined to grant
pre-arrest bail to the petitioner. Accordingly, pre-arrest bail is granted to the
petitioner subject to the following conditions:
(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-I,
Kanchipuram, within a period of 15 days from the date of receipt of a copy of
this order, on executing a bond for a sum of Rs.50,000/- (Rupees Fifty
Thousand only) along with two sureties each for a like sum of Rs.50,000/-
(Rupees Fifty Thousand only) to the satisfaction of the learned Judicial
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Magistrate-I, Kanchipuram.
(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-I,
Kanchipuram, shall obtain a copy of any one of identity proofs to ensure their
identity.
(iv) The petitioner shall appear and sign before the respondent-police
daily at 05.30 p.m. until further orders.
(v) The petitioner shall make himself available for interrogation by a
police officer as and when required.
(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 them from disclosing such facts to the Court or to any police officer.
(vii) The petitioner shall also not, directly or indirectly, cause any threat
to the defacto complainant and witnesses and shall not tamper the evidence.
(viii) The petitioner shall not leave India without the previous permission
of the Court.
(ix) The petitioner shall furnish his residential address and mobile
number to the earned Judicial Magistrate-I, Kanchipuram.
(x) On breach of any of the aforementioned conditions, the earned
Judicial Magistrate-I, Kanchipuram or Trial Court, as the case may be, is
entitled to pass appropriate orders against the petitioner in accordance with law
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as if the aforementioned conditions are imposed by him as laid down by the
Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].
8. Accordingly, this Criminal Original Petition is allowed subject to the
conditions stated supra.
22-05-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
MTL
Note:
1. Registry is directed to forthwith upload this order on the Official Website
of this Court.
2. All concerned to act on this order being uploaded on Official Website of
this Court without insisting on certified hard copies. To be noted, this
order, when uploaded on the official website of this Court, will be
watermarked and will also have a QR code.
To
1. The Judicial Magistrate – I, Kanchipuram.
2.The Inspector of police
DCB Kanchipuram
(Crime No. 05 of 2026)
3. The Public Prosecutor, High Court, Chennai.
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R.SAKTHIVEL, J.
MTL/JRS
22-05-2026
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