S.Sham v. State Rep by the Inspector of Police

ORDER The petitioner, who apprehends arrest for the alleged offence under Section 318(4) of BNS and 351(2) of BNSS in Crime No.8 of 2026 on the file of the respondent police seeks anticipatory bail.

¶2The case of the prosecution is that the petitioner along with other alleged to have cheated 40 victims to the tune of Rs.22,14,000/-. Hence, the complaint.

¶3The learned counsel for the petitioner submitted that the petitioner is an employee of ESAF Bank and he has not committed any offence as alleged by the prosecution. He would further submit that the entire allegation is against one Rajaji Chandra Bose (A1) and that the petitioner 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.

¶4The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and would fairly concede that the petitioner along with other accused have cheated the public money to the tune of Rs.22,14,000/-. Unless they have been secured, it is too difficult to recover such amount. He would further submit that the petitioner has no Page3 of 5 criminal antecedent. However, he opposed to grant anticipatory bail to the petitioner.

5.Considering the above facts and circumstances of the case and upon the fact that the occurrence took place between 25.06.2025 and 16.03.2026, for which the FIR came to be registered on 08.07.2026 and that the petitioner has no criminal antecedent, this Court is of the firm view that custodial interrogation of the petitioner is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

¶6Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate-I, Tiruvallur, 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 Page4 of 5

C.KUMARAPPAN, J. KMI 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 daily 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 petitioners 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];

(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

7.This Criminal Original Petition is ordered accordingly. 22-07-2026 KMI To

1.The Judicial Magistrate No.1, Tiruvallur.

2.The Inspector of Police, District Crime Branch, Thiruvallur District.

3.The Public Prosecutor, Madras High Court. Page5 of 5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN S.Sham S/o. Santhosham, No.245/19C, Church Street, Metha Nagar, Ammanoor Post, Arakonam Taluk, Ranipet District. ..Petitioner(s) Vs State rep by The Inspector of Police District Crime Branch, Tiruvallur, Thiruvallur District. Crime No.8 of 2026. ..Respondent(s) Criminal Original Petition filed under Section 482 of BNSS, praying to enlarge the petitioner on Anticipatory Bail in the event of his arrest in Connection with Crime No. 8 of 2026, pending investigation on the file of the respondent and thereby render Justice. For Petitioner(s): Mr. Krishnan Perumal For Respondent(s): Mr.N.Palanivel, Govt.Advocate (Crl.Side) ******* Page2 of 5