Jeya Pratha v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/10/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD). Nos.
17601, 17436, 17602 and 17603 of 2025 1.Jeyapratha 2.Manikandan ... Petitioners/Accused 5 &6 in Crl.O.P(MD).No.l7601/2025 Sivakumar Yathav @ Sivakumar ... Petitioner /Accused in Crl.O.P(MD).No.l7436/2025 1.Sagayaraj 2.Jaqulin Mary ... Petitioners/Accused 2 & 8 in Crl.O.P(MD).No.l7602 /2025 Sahani ... Petitioner /Accused in Crl.O.P(MD).No.l7603 /2025 Vs The State of Tamilnadu Rep.By, The Inspector of Police, District Crime Branch, Kanniyakumari District.
(Cr.No.20 of 2025).
... Respondent/Complainant For Petitioners : Mr.K. Ramakrishnan in Crl.O.P(MD).No.17346/25 1/8
Mr.J. Manoj Kumar in Crl.O.P(MD).No.17601/25 Mr.S.M.P. Amalan in Crl.O.P(MD).No.17603 /25 Mr.M.Marimuthu in Crl.O.P(MD).No.17602 of 2025 For Respondent : Mr.S.S. Manoj in all Crl.O.Ps. Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.20 of 2025 on the file of the respondent police ORDER : The Court made the following order :- The petitioners/ accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 318 and 336 of BNS, 2023 in Crime No.20 of 2025 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the 1st accused, an employee of an IT company in Chennai, informed the de-facto complainant that she could help to secure a job abroad and requested the de-facto complainant to lend money for her IT-related project. They had also agreed to share 2/8
the profits from the project upon its success. It is alleged that the de-facto complainant lent a sum of Rs.1,00,68,000/- to the 1st accused between 05.10.2023 and 22.02.2025, through the bank accounts of the 2nd to 8th accused. However, when the de-facto complainant demanded repayment, the 1st accused refused. Hence, the present case.
3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and have not committed any offence as alleged by the prosecution. He submitted that the present false complaint was lodged by the de-facto complainant only after the 1st accused filed a suit in O.S.No.264 of 2025 before the learned Principal District Judge, Nagercoil, seeking recovery of money. He further submitted that the matter is purely civil in nature, as the transactions between the 1st accused and the de-facto complainant were routine dealings between two families. He, however, submitted that the petitioners are ready and willing to abide by any condition that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioners.
3. The learned Government Advocate (Crl. side) submits tha it is 3/8
the second anticipatory bail petition and the earlier petitions filed by the petitioners were dismissed by this Court vide order, dated 15.09.2025 in Crl.O.P(MD).Nos.11510 and 11509 of 2025 and it is a case of civil dispute and the suit in O.S.No.264 of 2025 is pending on the file of the Additional District Judge, Padmanabhapuram.
4. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing for the respondent police.
5. Considering the facts and circumstances of the case and also the fact that it is a case of civil in nature and that the suit is pending before the Court below, this Court is inclined to grant anticipatory bail to the petitioners, subject to 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 4/8
satisfaction of the learned Judicial Magistrate, Valliyoor, Tirunelveli District (Crl.O.P(MD).No.17436 of 2025) and the learned Judicial Magistrate No.I, Nagercoil (Crl.O.P(MD).Nos.17601, 17602 and 17603 of 2025) respectively 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 shall report before the respondent police on 15.10.2025 at 10.30 am and thereafter, as and when required for interrogation: [c]the petitioners shall not tamper with the evidence or witness either during investigation or trial. [d]the petitioners shall not abscond either during 5/8
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 petitioners in accordance with law as if the conditions have been imposed and the petitioners are 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.
(S S Y J) 13.10.2025 TRP TO 6/8
1. The Judicial Magistrate, Valliyoor, Tirunelveli District
2. The Judicial Magistrate No.I, Nagercoil
3. The Inspector of Police, District Crime Branch, Kanniyakumari District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
7/8
S.SRIMATHY,J TRP
ORDER
IN CRL OP(MD). Nos.
17601, 17436, 17602 and 17603 of 2025 Date : 13/10/2025 8/8