Maria Herbert Alice Devaraj v. The State Of Tamilnadu Rep.By

CRL OP(MD) NO. 16620 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14-10-2025

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 16620 of 2025 Maria Herbert Alice Devaraj Petitioner(s) Vs The State of Tamilnadu Rep.by The Inspector of Police Anjugramam Police Station Kanyakumari District (In Cr.No.233 of 2025) Respondent(s) (Amended as per the order of this Court, vide order dated 14.10.2025, made in CRL MP(MD)NO.14502 of 2025 in CRL OP(MD) NO. 16620 of 2025) For Petitioner(s): Mr.G.Anto Prince For Respondent(s): Mr.S.S.Manoj, Government Advocate (Crl.side) Prayer:

C-24AB For Anticipatory Bail in Crime No.233 of 2025 on the file of the respondent police (Amended as per the order of this Court, vide order dated 14.10.2025, made in CRL MP(MD)NO.14502 of 2025 in CRL OP(MD) NO. 16620 of 2025) ORDER: The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 406 and 420 of IPC, 1860, in Crime No.233 of 2025, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that there was a dispute between the Petitioner and the Defacto Complainant concerning money transactions in the year 2015. On 21.03.2025 the Defacto Complainant has filed a petition under section 175(3) BNSS to register a case as against the Petitioner in Cr.M.P.No.5099 of 2024 before the Judicial Magistrate No.III, Nagercoil and the same is disposed with a direction to the Respondent Police to conduct investigation in accordance with law. Hence, the apprehension of arrest. Hence, a case has been registered as against the petitioner.

3.The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and the petitioner has not committed any offence. He seeks this Court to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl. side) appearing for the respondent submitted that the offences committed by the petitioner are serious in nature. 5.Considering the fact that it is a belated FIR and the documents are available for investigation, 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 his appearance, 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 Learned Judicial Magistrate No.III, Nagercoil, within a period of fifteen days from the date of receipt of a copy of this order and on further conditions 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 Aadhaar card or bank pass book to ensure their identity. [b]the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter, as and when required. [c]the petitioner shall not tamper with the evidence or witness either during investigation or trial.

[d]the petitioner shall not abscond either during investigation or trial. [e]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]. [f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

14-10-2025 Tmg To

1. The Inspector of Police Anjugramam Police Station

Kanyakumari District 2.The Judicial Magistrate No.III, Nagercoil.

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