← Library
Madras High CourtCRL OP/29278/2025granted

S.Kalaiselvi v. State Rep. By The Inspector Of Police,

2025-10-30Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.10.2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL.OP.No. 29278 of 2025 S.Kalaiselvi ..Petitioner

Versus

The State Represented by The Inspector of Police Arakkonam Town Police Station Ranipet District Crime No. 639 of 2025.

..Respondent Prayer: Criminal Original Petition filed under Section 482 of BNSS, praying to enlarge the petitioner on bail in the event of his arrest a case in Crime No.639 of 2025 pending investigation on the file of the respondent. For Petitioner :

Mr.D.Ilayaraja For Respondents :

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

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 316(2), 318(2), 318(4) & 351(2) of BNS and [Sections 294(b), 406, 417, 420 and 506(1) Page Nos.1/6

of IPC] in Crime No. 639 of 2025 on the file of the respondent Police, seeks anticipatory bail.

2.The allegation against the petitioner is that the petitioner along with her husband conducted an unregistered chit fund of Rs.2,50,000/- and even after collecting money from the de-facto complainant, the petitioner along with her husband had failed to return the chit amount. Based on the complaint given by the de-facto complainant, the respondent police registered a case against the petitioner and her husband.

3. The learned counsel for the petitioner submits that the husband of the de-facto complainant was conducted unregistered chit fund and the petitioner has been falsely implicated in this case. He also submits that the petitioner is 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 petitioner. Page Nos.2/6

4. The learned Government Advocate (Criminal side) for the respondent police, reiterated the prosecution case and submits that the petitioner is arrayed as A2. He further submits that A1 already arrested and remanded to judicial custody. He further submits that investigation is pending against the petitioner/A2 along with her husband/A1. Therefore, he opposed for grant of anticipatory bail to the petitioner.

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

6. Considering the fact that the petitioner is being a lady and all the major allegations are levelled against A1 and A1 had already arrested and remanded to judicial custody; that the investigation has not yet been completed, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Arakkonam, on condition that the Page Nos.3/6

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 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 petitioner shall report before the respondent police at 10.30 am 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 petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned Page Nos.4/6

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 can be registered under Section 269 of B.N.S. 30.10.2025 MSM To 1.The Judicial Magistrate No.I, Arakkonam.

2.The Inspector of Police Arakkonam Town Police Station Ranipet District Crime No. 639 of 2025.

3.The Public Prosecutor, High Court, Madras.

Page Nos.5/6

K. RAJASEKAR, J., MSM CRL.OP.No. 29278 of 2025 30.10.2025 Page Nos.6/6