S. Bama, v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.5258 of 2025 S.Bama ... Petitioner/Sole Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, Ethamozhi Police Station, Kanniyakumari District.

(Crime No.12 of 2025) ... Respondent/Complainant For Petitioner : Mr.George Paul Anto.L For Respondent : Mr.S.S.Manoj Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.12 of 2025 on the file of the respondent police.

1/6

ORDER : The Court made the following order :- The petitioner/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 314, 316(5) and 318(4)of BNS, 2023, in Crime No.12 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner, working as a clerk in Dharmapuram Village Panchayat, Rajakkamangalam Panchayat Union, Kanniyakumari District, collected tax from the public and misappropriated Rs.14,53,286/-. Hence, the complaint.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that the petitioner misappropriated a huge 2/6

amount from the public. Therefore, he opposed for grant of anticipatory bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also considering the submission that the petitioner is ready to deposit a sum of Rs.3,50,000/-, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, this Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court No.III, Nagercoil, Kanniyakumari District, 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that: 3/6

(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 petitioners are directed to deposit a sum of Rs.3,50,000/- (Rupees Three Lakh Fifty Thousand Only), to the credit of Crime No.12 of 2025 before the learned Judicial Magistrate No.III, Nagercoil, Kanniyakumari District. After receipt of entire amount, the learned Judicial Magistrate, shall deposit the said amount in an interest bearing Fixed Deposit in any Nationalized Bank initially for a period of one year and renew them periodically until the final order/Judgment is passed in the case in Crime No.12 of 2025. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment. (c) the petitioner shall report before the respondent police daily at 10.30 a.m until further orders. She has to co-operate for the investigation;

(d) the petitioner shall not tamper with evidence or witness either during investigation or trial; (e) the petitioner shall not abscond either during 4/6

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]; and;

(g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS 2023.

(S S Y J) 17.09.2025 jbr To

1. The Judicial Magistrate Court No.III, Nagercoil, Kanniyakumari District.

2. The Inspector of Police, Ethamozhi Police Station, Kanniyakumari District.

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

5/6

S.SRIMATHY,J.

jbr

ORDER

IN CRL OP(MD) No.5258 of 2025 Date : 17.09.2025 6/6