S.Mena Kumari v. The State Rep. By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-10-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO. 27994 of 2025 1.S.Meena Kumari 2.Venugopal Petitioners Vs The State rep. by The Inspector of Police DCB Perambalur Police Station Perambalur District Crime No. 30 of 2025.

Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of their arrest pending investigation in Cr.No.30 of 2025 on the file of the respondent police.

For Petitioners : Mr.M.Sarathkumar For Respondent : Mr.A.Gopinath Government Advocate (Criminal Side) ----

O R D E R

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 406, 417 and 420 of IPC in Crime No. 30 of 2025 on the file of the respondent Police, seek anticipatory bail.

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2. The case of the prosecution is that the petitioners and other accused had received a sum of Rs.45,00,000/- from the de-facto complainant under the pretext of running "Dairy Farm" business and the said amount was credited into A1's account and thereafter, the petitioners had swindled the entire amount and they had cheated the de-facto complainant. Hence, the respondent police registered a case against the petitioners and others.

3. The learned counsel for the petitioners submits that the petitioners are innocent persons and they have been falsely implicated in this case. He submits that they have not committed any offence as alleged by the prosecution. He also submits that the petitioners are ready to abide by any conditions that may be imposed by this Court and ready to furnish sufficient solvent sureties for his release. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal side) for the respondent police, reiterated the prosecution case and submits that totally six accused involved in this case and the petitioners are arrayed as A2 & 2/6

A5. He further submits that A1 still in custody. He further submits that so far no amount has been recovered from the petitioners. However, he opposed to grant anticipatory bail to the petitioners.

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

6. Considering the fact that the petitioners had received money for their business transactions, and they had failed to return back the same. The above transactions were taken in the year 2017 to 2019 between the petitioners and the de-facto complainant. I am of the view that the petitioners are entitled to get anticipatory bail with certain conditions.

7. 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 Court Court-I, Perambalur, on condition that the petitioners 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 3/6

of the learned Magistrate concerned and on further condition that: (a) If the petitioners fail to surrender before the concerned Magistrate, within a period of fifteen 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 the identity proofs to ensure their identity;

[c] the petitioners shall report before the respondent Police daily at 10.30 a.m for a period of three 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 petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court themselves 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 4/6

can be registered under Section 269 of B.N.S. 14.10.2025 MSM To

1. The Judicial Magistrate Court No.I, Perambalur. 2.The Inspector of Police DCB Perambalur Police Station Perambalur District Crime No. 30 of 2025.

3. The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR , J.

MSM Crl.O.P.No. 27994 of 2025 14.10.2025 6/6