Shoba v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/09/2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Shoba ... Petitioner/A2 Vs The State of Tamil Nadu Rep.By, The Inspector of Police, Pazhugal Police Station, Kanyakumari District.
(Crime No.129 of 2025) ... Respondent/Complainant For Petitioner : Mr.S.Ramakrishnan Advocate.
For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.129 of 2025 on the file of the Respondent Police.
ORDER : The Court made the following order :- 1/7
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 318(4) of BNS, 2023, in Crime No.129 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner and other accused had received a sum of Rs.10,00,000/- from the defacto complainant for securing Job in Canada. Thereafter, the petitioner and other accused neither secured a job nor returned the money. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) submitted 2/7
that the investigation is almost completed and there is no previous case pending against the petitioner. However, he opposed for grant of anticipatory bail to the petitioner.
5. Taking into consideration of the facts and circumstances of the case and also the fact that the investigation is almost completed and 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, with 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.1, Kuzhithurai, Kanyakumari District, 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 the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate No.1, Kuzhithurai, Kanyakumari District, failing which, the petition for 3/7
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 is directed to deposit a sum of Rs. 50,000/- (Rupees Fifty Thousand Only), to the credit of Crime No.129 of 2025 before the learned Judicial Magistrate No.1, Kuzhithurai, Kanyakumari District. After receipt of entire amount, the learned Judicial Magistrate No.1, Kuzhithurai, Kanyakumari District, 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.129 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 petitioner shall report before the respondent police daily at 10.30 a.m., for a period of one week and thereafter, the petitioner shall report before the respondent Police as and when required for the interrogation; (d) the petitioner shall not tamper with evidence or 4/7
witness either during investigation or trial; (e) the petitioner 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 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/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.
7. Accordingly, this Criminal Original Petition is allowed. (S S Y J) 02.09.2025 vsg To 5/7
1.The learned Judicial Magistrate No.1, Kuzhithurai, Kanyakumari District.
2.The Inspector of Police, Pazhugal Police Station, Kanyakumari District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY,J vsg
ORDER
IN 02.09.2025 7/7