Backialakshmi v. State Represented By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-02-2026
CORAM
THE HON'BLE MR.JUSTICE K.RAJASEKAR Backialakshmi ..Petitioner(s) Vs State represented by The Inspector of Police Vadalur Police Station, Cuddalore District.
Crime No.279/2025 ..Respondent(s) Prayer: Criminal Original Petition filed under Section 482 of BNSS Act, 2023, praying to enlarge the petitioner on bail in the event of her arrest in Crime No.279/2025 pending investigation on the file of Inspector of Police, Vadalur Police Station, Cuddalore District.
For Petitioner(s):
Mr.C.D.Johnson 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 Section 420 of IPC, in Crime No.279 of 2025, on the file of the respondent police, seeks anticipatory bail.
2.The allegation against the petitioner is that he received 93 grams of gold jewels from the de-facto complainant under the pretext of arranging a loan, he pledged the gold jewels for Rs.3,10,000/- and misappropriated the money. Furthermore, when the de-facto complainant was ready to redeem the gold jewels, the petitioner failed to co-operate and continuously cheated the de-facto complainant. Hence, the complaint.
3.This Court, while dismissing the earlier anticipatory bail application has observed as follows:
"5.Taking note of the gravity of offence committed by the petitioner and so far property is not recovered and it is alleged that loan was demanded for meeting educational expenses, this Court is not inclined to grant bail to the petitioner.
6.Accordingly, this Criminal Original Petition is dismissed."
4. The learned counsel for the petitioner submitted that the petitioner has pledged the gold jewels for Rs.3,10,000/- and misappropriated the money. He further submits that the petitioner without prejudice his rights, on his own volition, is ready and willing to deposit a sum of Rs.3,00,000/- to the credit of Crime No.279 of 2025 as may be directed by this Court and he prayed for grant of anticipatory bail to the petitioner.
5.Considering the submissions and also the fact that the investigation is still pending and also taking note of the fact that the petitioner has prepared to deposit Rs.3,00,000/- to the credit of Crime Number, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is directed to deposit a sum of Rs.3,00,000/- (Rupees Three Lakhs Only ) to the credit of crime No.279 of 2025 within a period of fifteen days from the date on which the copy of the order is made ready. On such deposit, the petitioner is ordered to be released on anticipatory bail, in the event of arrest or on her appearance, before the learned District Munsif Cum Judicial Magistrate, Kurinjipadi, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate concerned, and on further condition that:
(a) If the petitioner fails 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]'. 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 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 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.
02-02-2026 GBI To 1.The Inspector of Police Vadalur Police Station, Cuddalore District.
2.The District Munsif Cum Judicial Magistrate, Kurinjipadi.
3.The Public Prosecutor, High Court of Madras.
K.RAJASEKAR, J.
GBI 02-02-2026