Arthi v. The State Rep, By Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-01-2026

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP No. 280 of 2026 1.Arthi 2.Govindhan

3. Arun Kumar Petitioners Vs The State Rep By, The Inspector of Police Respondent Salem City CCB Police Station, Salem District (Crime No. 23 of 2025) PRAYER:Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner/Accused on anticipatory bail in the event of arrest in Cr.No.23 of 2025, pending investigation on the file of the Respondent Police. For Petitioner(s):

Mr.C.Deepak Kumar For Respondent(s):

Ms.J.R.Archana Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 120 B and 420 of IPC in connection with the case in Crime No.23 of 2025, seeks anticipatory bail. 2.The allegation against the petitioner is that the petitioners herein are the

wife, father-in-law and relatives of the defacto complainant in this case. It is alleged that by misusing the intimate relationship of 1st petitioner and defacto complainant, petitioners have collected huge amount from the defacto complainant by way of cash to the extent of Rs.56 lakhs and also gold weighting about 56 sovereigns and subsequently, it is revealed that the petitioners herein have cheated the defacto complainant. Hence, the case has been registered.

3.The learned counsel appearing for the petitioners submits that due to the difference of opinion, false complaint has been lodged and both the first petitioner and defacto complainant separated themselves and they are living separately and not leading matrimonial life. He further submitted that they are ready to cooperate with the investigation and therefore, he prayed to grant anticipatory bail to the petitioners.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police, reiterated the prosecution case and submitted that so far no one is arrested and no amount is recovered from the petitioners and investigation is pending in this case. Hence, he opposed to grant anticipatory bail to the petitioners.

5.Heard both sides and perused the materials available on record.

6. This court have gone through the FIR and other documents and it revealed that alleged transactions have taken place between the year 2023 and year 2024, the FIR has been registered in the month of September 2025. It is further alleged that taking advantage of the relationship, the petitioners have collected money and jewels.

7. Considering the above facts and the relationship between the parties, other circumstances, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

8. Accordingly, these petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate IV, Salem, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each, with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

(a) If these petitioners fail to surrender before the concerned 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]'. K.RAJASEKAR.,J gv The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

(c) The petitioners shall report before the respondent police everyday at 10.30 a.m., for a period of four 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 petitioners 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 these petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

08-01-2026 To

1. The State Rep By, The Inspector of Police Salem City CCB Police Station, Salem District (Crime No. 23 of 2025) CRL OP No. 280 of 2026 2.The Public Prosecutor, High Court of Madras.