CRL OP No. 17104 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 17104 of 2026 P Sivaprakasam ..Petitioner Vs The State Rep by The Inspector of Police Harur Police Station, Dharmapuri District. Crime No. 0281 of 2026. ..Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioner on bail, in the event of his arrest concerned with Crime No.0281 of 2026 pending on the file of the file of the respondent police. For Petitioner: Mr.Sathiaseelan Sivanandam For Respondent: Ms.R.S.Indira Govt Advocate (Crl.Side) ORDER The petitioner apprehends arrest for the alleged offence under Sections 409 of IPC, 1860 in Crime No.281 of 2026 on the file of the respondent police seeks anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 17104 of 2026 __________ Page2 of 6 2. The case of the prosecution is that petitioner was working as Secretary in Kadathur Primary Agricultural Co-operative Credit Society Limited, Dharmapuri and the defacto complainant’s deceased husband was employed as Office Assistant in the above said Society. He died while in service on 29.10.2020. It is alleged that the petitioner cheated the defacto complainant by failing to settle the terminal benefits payable to her deceased husband. Hence, the case. 3. The learned counsel for the petitioner submitted that the petitioner is an innocent and he has not committed any offence as alleged by the de facto complainant and he has been falsely implicated in this case. He further submitted that he is ready to abide by any conditions that may be imposed by this Court and ready to co-operate with the investigation. Hence, he prayed to grant anticipatory bail to the petitioner. 4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and opposed to grant anticipatory bail to the petitioner. https://www.mhc.tn.gov.in/judis CRL OP No. 17104 of 2026 __________ Page3 of 6 5. I have given my anxious consideration to either side submissions and perused the materials available on record. 6. Considering the facts and circumstances of the case, taking note of the submissions made by the learned counsel on both sides, it is seen that according to the prosecution, the defacto complainant's husband was employed as an Office Assistant in the Co-operative Society wherein the petitioner was working as Secretary. It is the case of the defacto complainant that after the demise of her husband, no terminal benefits were settled which was due as on 16-10-2023. At this juncture, the learned counsel for the petitioner submitted that for the non-payment of due as on 16-10-2023, the present complaint has been filed on 15-06-2026. Apart from that, the learned counsel for the petitioner invited the attention of this Court to the letter addressed by the Deputy Registrar of the Co-operative Society, Dharmapuri dated 29-06-2026 to the defacto complainant, wherein it has been clearly stated that the entire amount has been paid to the de facto complainant by way of cheque. In such view of the totality of the circumstances, considering the fact that occurrence took place on 16-10- 2023 and further the petitioner being an employee of the co-operative society, the custodial interrogation of the petitioner is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. https://www.mhc.tn.gov.in/judis CRL OP No. 17104 of 2026 __________ Page4 of 6 7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Harur, Dharmapuri, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity; (c) The petitioner shall report before the respondent Police, everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560]; https://www.mhc.tn.gov.in/judis CRL OP No. 17104 of 2026 __________ Page5 of 6 (e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 06-07-2026 nr To: 1. The Judicial Magistrate, Harur. Dharmapuri 2. The Inspector of Police Harur Police Station, Dharmapuri District. 3. The Public Prosecutor High Court of Madras https://www.mhc.tn.gov.in/judis CRL OP No. 17104 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. NR CRL OP No. 17104 of 2026 06-07-2026 https://www.mhc.tn.gov.in/judis