Ponnarasi v. The State, Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Ponnarasi ... Petitioner Vs.

State rep. by The Inspector of Police Economic Offence Wing (EOW) Krishnagiri ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of her arrest by the respondent police in Crime No.2 of 2022 pending investigation on the file of the respondent police.

For Petitioner :

Mr.B.Swathy For Respondent :

Mr.R.Vinothraja Government Advocate (Crl.Side)

O R D E R

The petitioner, who apprehends arrest for the alleged offences under Sections 120(B), 406 and 420 of IPC and Section 5 of TNPID Act, 1997, in Crime No.2 of 2022, on the file of the respondent police, seeks anticipatory bail. 1/6

2. The case of the prosecution is that on 20.05.2022, one Yuvaraj introduced the de-facto complainant to the 1st accused, namely Arunkumar. The said Arunkumar had informed that his company A.K. Traders was collecting money from the public with promise that the deposit money would be invested in "UNIVERCOIN" a Crypto Currency and the profits earned would be given to the depositors every week. Believing the words of A1, the de-facto complainant had deposited a sum of Rs.7,70,000/- on various dates. Thereafter, the de-facto complainant did not receive any returns from the accused and the entire money deposited was cheated by the accused. Hence the complaint.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and she has not committed any such offence as alleged by the prosecution. However, on instructions, the learned counsel further submits that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court and hence, he prays to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that there are totally ten accused in this case and the petitioner/A9 is the wife of A7 and he further reiterated the prosecution case. 2/6

Hence, he opposed for grant of anticipatory bail to the petitioner.

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

6. The petitioner/A9 is the wife of A7. Except this relationship, there is no specific allegation as against this petitioner. That apart, the 1st accused was running a business in the name and style of A.K. Traders which was not a registered one. Neither it is a company nor a partnership firm. Admittedly, A8 to A10 are not the directors or partners of the A.K Traders. That apart, the crime is of the year 2022.

7. Taking note of the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

8. 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 of receipt of a copy of this order, before the learned Judge, TNPID COurt, Coimbatore, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties, each for a like 3/6

sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] 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 further interrogation; [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

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Note :

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To

1. The Judge, TNPID Court, Coimbatore.

2. The Inspector of Police Economic Offence Wing (EOW) Krishnagiri

3. The Public Prosecutor, High Court of Madras.

G.K.ILANTHIRAIYAN, J.

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