Vijaya @ Mythilirani v. The State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.02.2026
CORAM
THE HONOURABLE Mr. JUSTICE K. RAJASEKAR Crl.O.P.No.1503 of 2026 and Crl.M.P.No.1132 of 2026 1.Vijaya @ Mythilirani 2.Revathi ... Petitioners/A1 & A2 Vs.
State rep. by Inspector of Police, Kodumudi Police Station, Erode District.
... Respondent (Crime No.167 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioners on bail in the event of arrest pending investigation in Crime No.167 of 2025 on the file of the respondent police.
For Petitioners : Mr.M.Vijay For Respondent : Ms.J.R.Archana, Government Advocate (Crl.Side)
ORDER
The petitioners apprehend arrest for the alleged offence under Sections 296(b), 318 and 118(1) of the Bharatiya Nyaya Sanhita in Crime No.167 of 2025 on the file of the respondent police seek anticipatory bail.
2. The allegation against the petitioners is that the petitioners are the 1/6
daughter and grand-daughter of one Velusamy. The said Velusamy is the grand-father of the defacto complainant. It is alleged that the petitioners herein had collected a sum of Rs.6.77 lakhs from Velusamy by misusing and inducing the relationship and subsequently, they have refused to return back the money and thereby cheated them. Hence, a case has been registered.
3. The learned counsel for the petitioners submitted that the petitioners without admitting any of the allegations levelled against them, they have filed joint undertaking affidavit that they are ready to deposit a sum of Rs.5,50,000/- within a period of four weeks from the date of order. Hence, he prayed to grant anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that this is the second anticipatory bail application of the petitioner and that the earlier application was dismissed by this Court in Crl.O.P.No.32370 of 2025 dated 08.12.2025. Hence, she opposed to grant anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case, taking note of the submissions made by the learned counsel on both sides, the nature of 2/6
allegations levelled against the petitioners, and also considering the fact that the petitioners have filed joint undertaking affidavit that they are ready to deposit a sum of Rs.5,50,000/- to the credit of crime number, I am inclined to grant anticipatory bail to the petitioners, subject to certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Kodumudi, on condition that the petitioners shall execute a separate 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 conditions: (a) If the petitioners 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 3/6
of identify proofs to ensure their identity;
(c) The petitioners shall deposit a sum of Rs.5,50,000/- (Rupees Five Lakhs Fifty Thousand only) to the credit of Crime No.167 of 2025 at the time of executing the sureties before the learned Magistrate concerned, further the learned Magistrate concerned shall redeposit the same in any interest bearing Scheme in any one of the Nationalized Bank till the disposal of the case or any settlement arrived between the parties;
(d) The petitioners shall report before the respondent Police, everyday at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation; (e) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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];
(f) If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.
Consequently, the connected miscellaneous petition stands 4/6
ordered.
03.02.2026 ssi To 1.The Judicial Magistrate, Kodumudi.
2.The Inspector of Police, Kodumudi Police Station, Erode District.
3.The Public Prosecutor, High Court of Madras.
K.RAJASEKAR,J.
ssi 5/6
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