Rathika v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.10.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR Rathika ... Petitioner Vs.

The State Rep. By, The Inspector of Police, Kariyapattinam Police Station, Nagapattinam District.

Crime No.253 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 484 of BNSS Act, 2023, to enlarge the petitioner on anticipatory bail in the event of her arrest in Crime No.253 of 2025 on the file of the respondent police. For Petitioner :

M/s.R.Radha Pandian For Respondent :

Mr.S.Udayakumar, Government Advocate (Criminal Side)

O R D E R

The petitioner herein apprehends arrest at the hands of the respondent police for the offence punishable under Sections 406 and 420 of IPC in 1/6

Crime No.253 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner, along with the other accused, had collected a sum of Rs.8,60,000/- from the de facto complainant on the promise of securing employment abroad. Hence, the present complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case. He further submitted that the co-accused, A1 and A3, have already been arrested and released on bail in Cr.M.P.Nos.310 and 314 of 2025, dated 22.09.2025 and 29.09.2025 respectively. Hence, she prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police opposed the grant of anticipatory bail, reiterating the prosecution case, and submitted that there are totally three accused involved in this case, and the petitioner is ranked as A2. He further submitted that A2 is the wife of co-accused A1, and the investigation is still pending. 2/6

5. Heard the learned counsels on either side and perused the materials available on record.

6. Considering the submissions made on either side, the fact that the petitioner, along with the other accused, had allegedly collected money under the pretext of arranging employment abroad, and taking into account that the petitioner's husband (A1) has already been arrested and released on bail, and also considering that the petitioner is a woman, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions:

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of ten days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Vedaranyam, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition that:

[a] if the petitioner fails to surrender before the concerned Magistrate within a period of ten days from 3/6

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 the identity proofs to ensure their identity;

[c] 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 interrogation;

[d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 17.10.2025 cda 4/6

To 1.The Judicial Magistrate, Vedaranyam.

2.The Inspector of Police, Kariyapattinam Police Station, Nagapattinam District.

3.The Public Prosecutor, High Court of Madras.

5/6

K.RAJASEKAR, J.

cda 17.10.2025 6/6