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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No. 5270 of 2025

1. S.S.Muthaiah

2. M.Punithavathi ... Petitioners/Accused No.1 & 2.

Vs The State of Tamil Nadu, Rep. By, Inspector of Police, District Crime Branch, Madurai District.

(Crime No.8 of 2025) ... Respondent/ Complainant For Petitioners : Mr.Arivalagan.S For Respondent : Mr.S.S. Monaj Government Advocate (Crl.Side) For Intervenor : Mr.V.Pavel 1/7

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.8 of 2025 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 120(b), 406 and 420 of IPC in Crime No. 8 of 2025, seek anticipatory bail.

2. The case of the prosecution is that A1 to A7 approached the defacto complainant and represented that if he invested money in their export business, it would double within a short period. Believing their words, the defacto complainant transferred a sum of Rs.52,21,000/- to the accounts of A1, A4, and A6. Subsequently, when he demanded the return of the money, the accused falsely claimed that the funds had been locked by the RBI and introduced A8 as an RBI official by using forged documents. They cheated and swindled a sum of Rs.52,21,000/-. Hence, 2/7

the complaint.

3. The learned counsel appearing for the petitioner submits that the petitioners are innocent person and they have not committed any offence as alleged by the prosecution. He further submits that the petitioners also invested money with A-4. 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 petitioners cheated and swindled a sum of Rs.52,21,000/- 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 argument of the learned Counsel for the petitioners that the petitioners are willing to deposit a sum of Rs.2,00,000/-, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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6. Accordingly, this Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Madurai, 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:

(a) the petitioners 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.2,00,000/- (Rupees Two Lakh Only), to the credit of Crime No.8 of 2025 before the learned Judicial Magistrate No.I, Madurai. 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.8 of 2025. The learned Judicial Magistrate or Trial Court shall pass 4/7

orders regarding entitlement of the said amount in its final order/Judgment.

(c) the petitioners shall report before the respondent police daily at 10.30 a.m until further orders. He has to co-operate for the investigation;

(d) the petitioners shall not tamper with evidence or witness either during investigation or trial; (e) the petitioners 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]; and;

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

(S S Y J) 22.10.2025 jbr 5/7

To

1. The Judicial Magistrate No.I, Madurai District.

2. The Inspector of Police, District Crime Branch, Madurai District.

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

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S.SRIMATHY,J.

jbr

ORDER

IN CRL OP(MD) No.5270 of 2025 Date : 22.10.2025 7/7