Valarmathi v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :21.05.2025

CORAM

THE HON'BLE MR. JUSTICE N.SENTHILKUMAR Valarmathi ... Petitioner Vs.

State by Inspector of Police Thiruthuraipoondi Police Station, Tiruvarur District.

In Crime No.144 of 2025.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of B.N.S.S., Act, seeking to enlarge the petitioner on Anticipatory Bail in the event of his arrest in Crime No.144 of 2025 on the file of the respondent police. For Petitioner : Mr.Palanivel Nadimuthu For Respondent : Mr.A.Gopinath, Government Advocate (Crl.Side) 1/6

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 406 and 420 of I.P.C in Crime No.144 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner, who is the President of Magalir Self Help Kuzhu arranged a loan for a sum of Rs.50,000/- for the defacto complainant and others and subsequently she collected the monthly due from the defacto complainant and others, but she did not deposit the same with the account of the defacto complainant's loan account. The agents of Madura Finance picked up quarrels with the defacto complainant and the defacto complainant raised questions with the petitioner but she and her husband begged that they will remit the amount after obtaining loan from a company but in which company she has already availed loan and she has to pay an outstanding amount of Rs.60,000/- due to which the petitioner obtained silver anklet and 5 grams gold chain from the defacto complainant and she assured the defacto complainant that she will shortly obtain loan and dispose the problem and till such time, she will remit 2/6

the dues but the petitioner and her husband did not do the same. There are two persons involved in the occurrence and the petitioner is arrayed as A1.

3. The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case for the reason to defame the name of the petitioner. He further submitted that the petitioner is willing to abide by any stringent conditions that may be imposed by this Court. Therefore, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent, while opposing the grant of bail to the petitioner, reiterated the prosecution case.

5. Considering the facts and circumstances of the case, 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 before the learned Judicial Magistrate, Thiruthuraipoondi, on condition that the petitioner shall 3/6

execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) 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 her photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of her Aadhar card or Bank pass Book to ensure her identity;

[b] the petitioner shall report before the respondent Police daily at 10.30 a.m., for a period of two weeks; [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 4/6

[(2005)AIR SCW 5560];

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.

21.05.2025 kmm 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 official website of this Court will be watermarked and will also have a QR code.

To

1. The Judicial Magistrate, Thiruthuraipoondi.

2. The Inspector of Police Thiruthuraipoondi Police Station, Tiruvarur District.

3.The Public Prosecutor, High Court of Madras.

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N.SENTHILKUMAR, J.

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