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Madras High Court/4088/2025granted

Bharathi v. The State Of Tamilnadu

2025-11-07Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07.11.2025 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No.4088 of 2025 Bharathi ... Petitioner Vs.

The State of Tamil Nadu, Represented by, The Inspector of Police, City Crime Branch- I TRC, Tiruchirapalli District.

(Crime No.36 of 2024) ... Respondent For Petitioner : Mr.S.Rajesh Kanna For Respondent : Mrs.M.Aasha Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.36 of 2024 on the file of the respondent police.

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ORDER: The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 417, 420, 465, 471 and 109 of IPC and Section 24 of Emigration in Crime No.36 of 2024, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complamant Mujibur Rahman was seeking employment in abroad, in the year 2023. The petitioner/2nd accused contacted him and told that she was running a Man Power Consultancy with one Padma under the name and style of "Akshai Associates and Air Travels" and they would get employment opportunities for him to work as supervisor in a company at New Zealand and he transferred a sum of Rs.2,00,000/- to the account of Bharathi and Padma respectively on 04.03.2024 and transferred another sum of Rs.2,00,000/- to the account of Bharathi and Padma respectively on 30.03.2024, thereafter both of them showed fake documents for boarding to Newzealand. Having come to know that they are fake documents, when he enquired them, they gave contradictory statements and when he went to the said office, they refused to see him. Subsequently the defacto complainant was not able to contact the petitioner and the said Padma. Hence, a case has been registered as against the petitioner/2nd 2/6

accused.

3.The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and the petitioner has not committed any offence. He seeks this Court to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl. side) appearing for the respondent submitted that the offences committed by the petitioner are serious in nature. Further, the investigation has been completed and charge sheet has been filed.

5.Considering the facts and circumstances of the case and also the fact that this Court has granted interim protection to the petitioner and she has cooperated with the respondent police for enquiry, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two 3/6

sureties each for a like sum to the satisfaction of the Learned Judicial Magistrate Court No. I, Tiruchirapalli. within a period of fifteen days from the date of receipt of a copy of this order and on further conditions 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 Aadhaar card or bank pass book to ensure their identity. [b]the petitioner shall report before the Trial Court as and when required. [c]the petitioner shall not tamper with the evidence or witness either during investigation or trial.

[d]the petitioner shall not abscond either during investigation or trial. [e]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 petitioner is 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].

[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

07.11.2025 TMG 4/6

TO

1. Judicial Magistrate Court No. I, Tiruchirapalli.

2.The Inspector of Police, City Crime Branch- I TRC, Tiruchirapalli District.

3.The Additional Public Prosecutor, Madurai Bench Of Madras High Court, Madurai.

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S.SRIMATHY,J TMG

ORDER

IN CRL OP(MD) No.4088 of 2025 Date : 07.11.2025 6/6