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Madras High CourtCRL OP(MD)/9352/2026granted

Marjan v. The State Of Tamil Nadu

2026-05-06Honourable Mrs Justice S.Srimathy7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 06.05.2026 THE HONOURABLE MRS. JUSTICE S.SRIMATHY Marjan ... Petitioner vs.

The State of Tamil Nadu Represented by, The Inspector of Police, District Crime Branch, Karur District.

(In Cr.No.4 of 2026) ... Respondent PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.4 of 2026 on the file of the respondent police For Petitioner :Mr.C.Arulvadivel @ Sekar Senior Counsel for Mr.O.R.Gokul Abimanyu For Respondent :Mr.S.Prakash Government Advocate (Crl.side) ***** 1/7

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(B), 61(2), 316(2), 318(4) and 351(2) of BNS, 2023, in Crime No.4 of 2026 [294(b), 120(B), 406, 420 and 506(i) of IPC] on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the accused persons have running a firm in the name and style of "Mahdhi HAJ & UMRAH Services LLP.", for sending religious Muslims to Haj at low cost and believing the same, many general public have deposited huge amount. However, the accused persons have not turned upto take the pilgrims to the destination and misappropriated a huge amount. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and she is no way connected with the alleged occurrence as stated by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions that may be 2/7

imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate submitted that the accused persons have cheated hundreds of general public by collecting money from them under the guise of sending them to Haj and the amount involved in this case comes around Rs.50,00,000/- and hence, he strongly opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that the petitioner is ready and willing to deposit some amount to the credit of crime number, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Karur, 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 3/7

police or the police officer who intends to arrest or to the satisfaction of the learned District Munsif cum Judicial Magistrate, Aravakurichi, 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 furnish her residential address and mobile number to the learned District Munsif cum Judicial Magistrate, Aravakurichi. In the event of any change in her residential address, the petitioner shall report the same to the learned District Munsif cum Judicial Magistrate, Aravakurichi;

(c) the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.4 of 2026 before the District Munsif cum Judicial Magistrate, Aravakurichi. On such deposit, the learned District Munsif cum Judicial Magistrate, Aravakurichi, shall accept the sureties furnished by the petitioner. After receipt of entire amount, the learned District Munsif cum Judicial Magistrate, Aravakurichi, shall deposit the said amount in an interest bearing Fixed Deposit in any nationalized Bank initially for a period of 4/7

one year and renew them periodically until the final order/Judgment is passed in the case in Crime No.4 of 2026. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment;

(d)the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation; (e) the petitioner shall not tamper with evidence or witness either during investigation or trial; (f) the petitioner shall not abscond either during investigation or trial;

(g) 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 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;

(h) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. 06.05.2026 cmr 5/7

To 1.The Judicial Magistrate Court No.I, Karur.

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

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

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S.SRIMATHY, J.

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