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Madras High Court/7340/2025granted

Petchiyammal v. The State Of Tamilnadu Rep. By

2025-11-17Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.11.2025 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No.7340 of 2025

1. Petchiyammal

2. Karthika ... Petitioner(s) Vs.

1.The State of Tamil Nadu, Represented by the Inspector of Police, City Crime Branch, Madurai District.

(Crime No.02 of 2021)

2. Saraswathi ... Respondent(s) (R2 is suomotu impleaded as per the order of this Court dated 22.10.2025 in Crl.OP(MD)No.7340 of 2025) For Petitioners : Mr.T.A Ebenezer For R1 : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.02 of 2021 on the file of the respondent police.

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ORDER: The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 352, 420, 506(i) of IPC ,1860, in Crime No.02 of 2021, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the 1st petitioner received amount on the promise of selling a property, but failed to neither to return back the amount nor to sell the property. The 1st petitioner agreed to return back Rs. 36,00,000/- but failed to keep up the promise. When the defacto complainant asked for money, the petitioner along with her daughter, 2nd petitioner and some others threatened the de-facto complainant on 07.10.2020. Hence, a case has been registered as against the petitioners. 3.The learned counsel appearing for the petitioners submitted that the petitioners have been falsely implicated in this case and they have not committed any offence. He seeks this Court to grant anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl. side) appearing for the 2/6

respondent submitted that the offences committed by the petitioners are serious in nature.

5.The transaction between the defacto complainant and the petitioners is that the petitioners' property was purchased by the defacto complainant. However, there is a dispute in the payment of sale consideration. 6.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the Learned Judicial Magistrate No. 1, Madurai, within a period of fifteen days from the date on which the order copy made ready 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 Aadhaar card or bank pass book to ensure their identity. [b]the petitioners shall deposit the sale deed before the Investigating 3/6

Officer. After depositing the same, the petitioners shall appear before the Judicial Magistrate for producing sureties.

[c]the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required. [d]the petitioners shall not tamper with the 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 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].

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

17.11.2025 TMG 4/6

TO

1. Judicial Magistrate No. 1, Madurai.

2.The Inspector of Police, City Crime Branch, Madurai 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.7340 of 2025 Date : 17.11.2025 6/6