Kala v. The State Of Tamil Nadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23.09.2025 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No.12743 of 2025 1.Kala 2.Shanmugapriya ... Petitioners Vs.

State of Tamil Nadu, Represented by its Sub Inspector of Police, CCB Police Station, Madurai City.

(Crime No.31 of 2025) ... Respondent For Petitioners : Mr.Arun Ram Nath for M/s.Subha Rani For Respondent : Mr.A.S.Abul Kalaam Azad Government Advocate (Crl.Side) For Intervenor : Mr.S.R.Rajagopal Senior Counsel for Mr.S.Vellaichamy PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.31 of 2025 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 49, 296(2), 318 (4) and 351(3) of BNS, 2023 in Crime No.31 of 2025, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the de-facto complainant applied for loan amount of Rs.6.85 Crores/- under the MSME scheme. In that mean time, the STATE BANK OF INDIA sanctioned Rs.4.5 Crores/-. On 08.02.2024, Rs. 2.74 Crores/- loan was sanctioned and transferred to premier lab solution, in Coimbatore City. The sanctioned amount was transferred to to PREMIER LAB SOLUTION in Coimbatore by the fake letter and fake signature of RNKV HOSPITAL. Thus, the accused persons mislead the defacto complainant's amount to the tune of Rs.2,29,69,985/-. Hence, the apprehension of arrest. Hence, a case has been registered as against the petitioner. 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.

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4.The learned Government Advocate (Crl. side) appearing for the respondent submitted that the offences committed by the petitioners are serious in nature.

5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on condition that the petitioners 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 Judicial Magistrate Court No.1, Madurai, within a period of fifteen days from the date of receipt of a copy of this order 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 are directed to deposit a sum of Rs.10,00,000/- (Rupees Ten Lakh Only) each to the credit of Crime No.31 of 2025 before the learned Judicial Magistrate No.I, Madurai.

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.31 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 petitioners shall report before the respondent police daily at 10.30 a.m., for a period of one week and thereafter, as and when required for interrogation.

[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.

23.09.2025 TMG (2/2) 4/6

TO

1. The Judicial Magistrate Court No.1, Madurai.

2.The Sub Inspector of Police, CCB Police Station, Madurai City.

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.12743 of 2025 Date : 23.09.2025 (2/2) 6/6