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Madras High CourtCRL OP/2594/2026granted

Shanmugapriya @ Priya v. The State Rep By, The Inspector Of Police

2026-02-05Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-02-2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR Shanmugapriya @ Priya W/O. Muniyappan, 4/527 Gundalahalli, Baisuhalli, Karimangalam TK, Dharmapuri District.

..Petitioner(s) Vs The State Rep By, The Inspector of Police 4/527 Gundalahalli,Baisuhalli, Karimangalam TK,Dharmapuri District.Karimangalam Police Station, Dharmapuri District Crime No. 524 of ..Respondent(s) PRAYER: To enlarge the petitioners on Anticipatory bail in the event of the arrest in connection with the Crime NO. 524 OF 2025 pending on the file of respondent police.

For Petitioner(s):

Kirubavathi P For Respondent(s):

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

ORDER

The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 296(b) and 108 of BNS Act

in Crime No.524 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is ranked as A5 in this case and he and other accused are the member of the Women Self Help Group at Dharmapuri. The petitioner, along with other accused and the deceased availed loan of Rs.12 lakhs from the Canara Bank and repaid the same to the deceased to settle the loan. The deceased had deposited only Rs.6 lakhs and misappropriated the balance amount of Rs.6, 55,000/- without repaying it in the bank. Hence, A1 to A5 quarrelled with the deceased and demanded back the money. Unable to bear the same she committed suicide by consuming poison. Hence the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. She further submitted that the petitioner had repaid the entire amount to the deceased whereas, she misappropriated the amount and when it was questioned, admitting her mistake, she consumed poison and therefore, the petitioner has not committed any offence as alleged by the prosecution. She further submitted that the co-accused have already been granted anticipatory bail by this Court in Crl.O.P.No.162 of 2026 dated 08.01.2026; and the petitioner is ready to abide by any conditions that may be imposed by this Court. Therefore, he prays for grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner is not having any previous case. However, opposed to grant anticipatory bail to the petitioner.

5. Considering the submissions made, facts and circumstances of this case, nature of the allegation, the fact that there is money dispute between the petitioner and the deceased and custodial interrogation of the petitioner is not necessary for the purpose of investigation, and the co-accused have already been granted anticipatory bail by this Court in Crl.O.P.No.162 of 2026 dated 08.01.2026; 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 his appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned District Munsif Cum Judicial Magistrate, Karimangalam, 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 three 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.

05-02-2026 MPA

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

2. The State Rep By, The Inspector of Police 4/527 Gundalahalli,Baisuhalli, Karimangalam TK,Dharmapuri District.Karimangalam Police Station, Dharmapuri District Crime No. 524 of 2025 3.The Public Prosecutor, High Court, Madras.

K.RAJASEKAR, J.

MPA 05-02-2026