Kalaiyarasi v. State Through The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.12.2025

CORAM

THE HONOURABLE MR. JUSTICE K. RAJASEKAR Crl.O.P.No. 33266 of 2025 Kalaiyarasi ... Petitioner/A2 Vs.

The State Rep by Inspector of Police, E-1, Ponneri Police Station Thiruvallur District Crime No. 405 of 2025.

....Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest pending investigation in Crime No. 405 of 2025 on the file of the respondent police.

For Petitioner :

Mr.Manimaran S.

For Intervenor :

Mr.M.Vijayaragavan For Respondent :

Mr.J.R. Archana Government Advocate, Criminal Side

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 316(2), 318(4), 351(2) of BNS in Crime No. 405 of 2025, on the file of the respondent Police, seeks anticipatory bail.

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2.The allegation against the petitioner is that the petitioner is ranked as A2 in this case and the wife of A1. The petitioner joined hands with other accused had collected a sum of Rs.8,00,000/- from the de-facto complainant under the pretext of getting a Government Job in Tamil Nadu Public Service Commission and thereafter, when the de-facto complainant demanded to repay the said amount, the petitioner along with other accused threatened and cheated the de-facto complainant. Hence the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is a lady and she has not collected any money since the petitioner is the wife of A1 and she has been falsely implicated in this case. He further submits that the petitioner is ready to abide any condition imposed by this Court. Therefore, the learned Counsel prays for grant of anticipatory bail to the petitioner. 4.Mr.M.Vijayaragavan, learned Counsel for the Intervenor/De-facto complainant submits that the petitioner herein had also actively involved in the crime by making false promise to the de-facto complainant for getting employment. Therefore, he strongly objected for grant of anticipatory bail to the petitioner.

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5. The learned Government Advocate (Criminal Side) appearing for the respondent, reiterated the prosecution case and submits that totally three accused involved in this case. He further submits that on investigation revealed that no amount has been recovered from the arrested accused and this petitioner had shared the amount of Rs.8 lakh among themselves. Therefore, he opposed for grant of anticipatory bail to the petitioner.

6. Considering the fact that the petitioner is a lady and she is the wife of A1 in this case and A1 and A3 were already arrested and the custodial interrogation of the petitioner is not necessary, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Ponneri, Thiruvallur District, and on further conditions that: [a] 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;

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[b] the petitioner shall report before the respondent police daily at 10.30 am for a period of two weeks and thereafter as and when required for interrogation.

[c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the 3rd 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];

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

04.12.2025 MSM To:

1.The Judicial Magistrate No.I, Ponneri, Thiruvallur District.

2.The Inspector of Police, E-1, Ponneri Police Station Thiruvallur District Crime No. 405 of 2025.

3.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J., MSM Crl.O.P.No.33266 of 2025 04.12.2025 5/5