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Madras High CourtCRL OP/892/2026granted

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

2026-02-04Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-02-2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR Epsipa D/o. Devendiran, Ommampulayur Road, Perasus Street, Kattumannar Kovil, Cuddalore District.

..Petitioner(s) Vs State Rep.by, The Inspector of Police, Kalavai Police Station, Ranipet District Crime No. 250/2025.

..Respondent(s) PRAYER: To grant Anticipatory Bail to the petitioner and order to enlarge her on bail in the event of arrest in Crime No 250/2025 by the Respondent Police. For Petitioner(s):

Sudhakar Kannusamy For Respondent(s):

M/S.J.R.Archana Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 318(4) of BNS 2023 in Crime No.250 of 2025, seeks anticipatory bail.

2. The allegation against the petitioner is that the petitioner herein collected a sum of Rs.1,56,000/- under the pretext of assisting the de facto complainant in an online trading business, however he has not come forward to introduce any business opportunities and thereby cheated the de facto complainant. Hence, the case has been registered.

3. The learned counsel for the petitioner would submit that the petitioner herein is also employed in another company called Qnet and the money collected from the de facto complainant is also deposited in the said company and the petitioner has not misappropriated the same and it is only a business opportunity and since the de facto complainant has not utilised the business opportunity a false complaint has been lodged against the petitioner herein. Therefore, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.side) appearing for the respondent police reiterated the prosecution case and submitted that it is a case

of collecting investments for conducting a business and the total amount involved in this case is Rs.1,56,000/- and so far no amount is repaid. Hence, opposed the grant of anticipatory bail to the petitioner.

5. Considering the nature of the allegations and the fact that this money was paid as part of the business transactions and it is alleged that no business activities are carried out and I am of the view that to investigate a case of this nature, custodial interrogation is not necessary, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, 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 made ready, before the District Munsif Cum Judicial Magistrate, Arcot, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition:

(a) If the petitioners 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 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 petitioners released on 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 accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

04-02-2026 MPA

To 1.The District Munsif Cum Judicial Magistrate, Arcot.

2. State Rep.by, The Inspector of Police, Kalavai Police Station, Ranipet District Crime No. 250/2025.

3.The Public Prosecutor High Court of Madras.

K.RAJASEKAR, J.

MPA 04-02-2026