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Madras High CourtCRL OP(MD)/9954/2026granted

Aswini v. State Of Tamilnadu Rep By

2026-06-09Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.06.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Aswini

...Petitioner/Accused

Vs State of Tamil Nadu rep. by The Inspector of Police, District Crime Branch Pudukottai District (Crime No.11 of 2025)

...Respondent

For Petitioner : Mr.N.Jeyaram Siddharth For Respondent : Mr.N.Balasubramanian Counsel for State of Tamil Nadu (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.11 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner/A4, who apprehend arrest at the hands of the respondent for the offences punishable under Sections 318(2) and 318(4) of BNS in Crime No.11 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused approached the defacto complainant for doing a dealership of selling furniture. Accordingly the defacto complainant accepted the same and paid amount through different accounts to the tune of Rs.21,88,000/- for the furniture but he received furniture worth about Rs.3,36,000/- Hence the case.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and a false case has been foisted against her. The petitioner is the wife of the first accused and she has nothing to do with the alleged crime. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) would submit that petitioner along with other accused received a sum of Rs.21,88,000/- from 2/6

the defacto complainant for supplying furniture and thereafter has supplied furniture worth about Rs.3,36,000/- and cheated him, hence he strongly opposed to grant anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions on either side, considering the nature of offences and also considering the fact that the alleged occurrence took place on 10.09.2022 but the First Information Report has been registered only on 08.05.2026 and on perusal of records it appears that there is a business transactions between the parties and the fact that no previous case is pending against the petitioner, and also considering all other factors, this Court is inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

[a] 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 Judicial Magistrate Court No.II, Pudukottai on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each 3/6

for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:

[b] the petitioner shall report before the respondent police on every Saturday at 10.30 a.m., for a period of four weeks [c] the petitioner shall not commit any offences of similar nature.

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

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Judicial 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].

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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

(P D B J) 09.06.2026 aav To 1.The Judicial Magistrate Court No.II, Pudukottai 2.The Inspector of Police, District Crime Branch Pudukottai District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J aav

ORDER

IN CRL OP(MD) No. 9954 of 2026 Date : 09.06.2026 6/6