K.Sasireka v. The State Rep By Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN K.Sasireka ..Petitioner(s) Vs The State rep by Inspector of Police, Udumalpet Police Station, Tiruppur District.

Crime No.347 of 2026 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on Bail in the event of arrest in Crime.No.347 of 2026, on the file of the Respondent Police. For Petitioner(s):

Mr.G.Sujith For Respondent(s):

Mr.N.Palanivel Government Advocate (Criminal side)

ORDER

The petitioner apprehends arrest for the alleged offences under Sections 61 (2), 318 (4) and 305 (a) of BNS, 2023, in Crime No.347 of 2026 on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with her family members cheated the defacto-complainant to the tune of Rs.51,00,000 under the pretext of investing in a money transfer business to obtain huge profit. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and she has been falsely implicated in this case. He further submitted that she is ready to abide by any stringent condition that may be imposed by this Court and ready to co-operate for investigation. 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 three accused persons in this case and the petitioner is arrayed as A2. A1 and A3 are the husband and son of the petitioner. They allegedly received a sum of Rs.51,00,000/- from the defactocomplainant to invest in a money transfer business, However, after the receiving the money, all the accused persons were absconded and their whereabouts remain unknown. Hence, he opposed the grant of anticipatory bail to the petitioner.

5.At this juncture, the learned counsel for the petitioner submitted that for the very same amount, the defacto-complainant had already issued a notice under Section 138 (b) of the Negotiable Instruments Act. 6.Although, the learned Government Advocate (Criminal side) objected the petition on the ground that all the accused are absconding, considering the facts that the petitioner is a woman, the entire money transfer issue arose out of

business dealings according to the First Information Report and a Section 138 (b) notice has already been issued to the petitioner, this Court is of the firm view that custodial interrogation of the petitioner is not necessary at this stage. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7.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 is made ready, before the learned Judicial Magistrate No.I, Udumalpet, Tiruppur, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

(a) If the petitioner fails to surrender before the concerned learned 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.KUMARAPPAN, J.

(c) The petitioner shall report before the respondent police daily Morning at 10.30 am for a period of two weeks; 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory 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 petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

19-06-2026 ep To 1.The Judicial Magistrate No.I, Udumalpet, Tiruppur.

2.The Inspector of Police, Udumalpet Police Station, Tiruppur District.

3.The Public Prosecutor High Court of Madras.