S.B. Salomi Beffina, v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.05.2025 PRESENT The HONOURABLE MR. JUSTICE M.JOTHIRAMAN S.B.Salomi Beffina ... Petitioner Vs The State of TamilNadu, Rep. by The Inspector of Police, District Crime Branch, Dindigul District.
... Respondent For Petitioner : Mr.M.R.Sreenivasan For Respondent : Mr.B.Thanga Aravindh, Government Advocate(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.5 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 420 of IPC (Section 318
(4) of BNS, 2023 in Cr.No.5 of 2025 on the file of the respondent police, seeks anticipatory bail.
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2. The case of the prosecution is that the petitioner in order to provide job for the defacto complainant, cheated an amount of Rs.6,00,000/-. Hence, the complaint.
3. The learned Counsel for the petitioner would submit that the petitioner did not involve in any of the offences as alleged by the prosecution. The petitioner is an innocent and he is falsely implicated in this case. The petitioner is ready to abide by any conditions to be imposed by this Court. He therefore prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that the accused 1 to 3 had received a sum of Rs.6,00,000/- from the defacto complainant, out of which, only a sum of Rs.1,88,000/- has been repaid by A2. Therefore, he prays to dismiss this Criminal Original Petition.
5. The learned counsel appearing for the petitioner, would submit that the petitioner, to show his bonafide, is ready to deposit a sum of Rs.50,000/- to the credit of Crime No.5 of 2025 on the file of the learned Judicial Magistrate No.II, Dindigul, without prejudice his contentions.
6. Considering the facts and circumstances of this case and considering the fact that the petitioner, to show his bonafide, is ready to deposit a sum of Rs.50.000/-, this court is inclined to grant anticipatory bail to the petitioner with certain conditions:
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7. Accordingly, the petitioner is directed to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the credit of Crime No.5 of 2025 before the learned Judicial Magistrate No.II, Dindigul. On such deposit, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate No.II, Dindigul, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
[a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity. [b] the petitioner shall report before the respondent Police every Monday and Friday at 10.30 a.m. until further orders.
[c] The concerned Court is directed to deposit the said amount (Rs.50,000/-) in a fixed deposit in any one of the Nationalised Bank till the conclusion of trial. 3/5
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioner shall not abscond either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioners 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)AIR SCW 5560]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS 2023.
sd/- 09/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
sm TO 1.The Judicial Magistrate No.II, Dindigul.
2.Do through the Chief Judicial Magistrate, Dindigul. 3.The Inspector of Police, District Crime Branch, Dindigul District. 4/5
4.The Additional Public Prosecutor,Madurai Bench of Madras High Court,Madurai. +1 CC to M/s.M.R.SREENIVASAN, Advocate ( SR-5503[I] dated 13/05/2025 ) ORDER IN CRL OP(MD) No.4043 of 2025 Date :09/05/2025 PP/22.05.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5