Kali Muthu v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.10.2025

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 17907 of 2025 Kali Muthu Petitioner(s) Vs The State of Tamil Nadu Rep. by its, The Inspector of Police, EOW - Virudhunagar, Virudhunagar District.

[Crime No. 3 of 2025].

Respondent(s) For Petitioner(s):

Mr.K.Govindarajan, for Mr.M.S.Jeyakarthik For Respondent(s):

Mr.S.S.Manoj, Government Advocate (crl. Side) For Intervenor :

Mr.R.Jegadeeswaran Prayer: For Anticipatory Bail in Cr.No. 3 of 2025 on the file of the Respondent Police.

ORDER

The petitioner herein/A-2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 61(2), 318(4) and 316(2) of BNS and Sections 21(3) & 23 of the BUDS Act, 2019 and 5 of TNPID Act, 1997, seeks anticipatory bail.

2. The case of the prosecution is that the accused persons have cheated the defacto complainant to the tune of Rs.11,29,188/-in the name of a trust. Hence, a case was registered.

3. The learned counsel for the petitioner submitted that the present case has been foisted on him and prays for anticipatory bail in favour of the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that as per order of this Court he has already deposited Rs.15 lakhs to the credit of crime number and the receipt has also produced.

5. Since the petitioner is complied with the order of this Court the interim order granted by this Court is made absolute.

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) for a like sum to the satisfaction of the Special Court under Tamil Nadu Protection of Interest of Depositors (In Financial Etablishments) Act, 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 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 is directed to provide the list of properties which are available before the Investigation officer and if the defacto complainant is having any document he shall produce with the Investigation officer. The petitioner shall report before the respondent police daily at 10.30 a.m., until further orders and cooperate with the interrogation.

[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.

28.10.2025 KSA [1/2]

To

1. The Special Court under Tamil Nadu Protection of Interest of Depositors (In Financial Etablishments) Act, Madurai,

2. The Inspector of Police, EOW - Virudhunagar, Virudhunagar District.

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

S.SRIMATHY, J, KSA Order made in CRL OP(MD) NO. 17907 of 2025 28.10.2025