Philominal v. State Rep.By Its, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-05-2026
CORAM
THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI
1. Philominal Mary
2. Saravanakumar ..Petitioner(s) Vs State Rep.by its, The Inspector of Police, Koothanallur Police Station, Tiruvarur District.
(Crime No.296 of 2025) ..Respondent(s) PRAYER: Criminal Original Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in the event of his arrest in Crime No.296 of 2025 pending investigation on the file of the respondent police.
For Petitioner(s):
Mr.Sivakumar For Respondent(s):
Mr.A.Gopinath, Govt. Advocate (Crl.Side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 316(2), 318(4), 296(B) 351(2) of BNS, in Crime No.296 of 2025 on the file of the respondent police, seeks anticipatory bail.
2.
The case of the prosecution as per the de facto complainant is that he was a B.Pharm graduate searching for job in abroad through websites. The de facto complainant contacted the petitioners who were the agents of the Senthil Andavar Abroad Job Consultancy and paid a sum of Rs.6,50,000/- for his employment in foreign company. However, the petitioners neither arranged the job nor refunded the money and cheated the de facto complainant. Hence the case.
3.
Learned counsel appearing for the petitioners submits that the petitioners are innocent and they have not committed any such offence as alleged by the prosecution. He would also submit that they have been falsely implicated in this case and hence, he prays to grant anticipatory bail to the petitioners.
4.
Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and opposed for the grant of anticipatory bail to the petitioners. He further submitted that the accused persons received a sum of Rs.6,50,000/- for employment in foreign company and returned only a sum of Rs.3,50,000/-. A sum of Rs.3,00,000/- is yet to be recovered.
5.
At this juncture, the learned counsel for the petitioners, on instruction, submits that the petitioners are ready and willing to deposit the remaining amount.
6.
Heard both sides and perused the materials available on record.
7. Considering the above facts and circumstances of the case and the nature of the allegation, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
8.
Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Thiruthuraipoondi, Thiruvarur District, on condition that the petitioners shall execute separate bond for a sum of Rs.10,000/- (Rupees Ten 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 Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed 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 petitioners shall jointly deposit a sum of Rs.3,00,000/- (Rupees Three lakhs only) to the credit of Crime No.296 of 2026 before the concerned trial Court. [c] the petitioners shall report before the respondent Police everyday at 10.30.a.m., for a period of one month and thereafter, as and when required for interrogation; [d] the petitioners shall not abscond during during investigation or trial;
[e] the petitioners shall not tamper with evidence or witness either during investigation or trial;
[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action 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 vs. State of Kerala [(2005)AIR SCW 5560];
[g] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.
07-05-2026 Index: Yes/No Speaking/Non-speaking order VKR/GSA
To 1.The Judicial Magistrate, Thiruthuraipoondi, Thiruvarur District. 2.The Inspector of Police, Koothanallur Police Station, Tiruvarur District.
3.The Public Prosecutor, High Court of Madras.
L.VICTORIA GOWRI, J.
VKR/GSA 07-05-2026