A.Thusthaheer v. State Of Tamilnadu Rep By Inspector Of Police, Ccw Virudhunagar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.10.2025

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 18514 of 2025 A.Thusthaheer ..Petitioner Vs State Of Tamilnadu, Rep By The Inspector Of Police, CCW Virudhunagar, Virudhunagar District.

(Crime No.46 of 2025) Respondent(s) For Petitioner(s):

Mr.B.Vinothkumar For Respondent(s):

Mrs.M.Aasha Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.46 of 2025 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 318(4) of BNS, 2023, and Section 66(D) of IT Act, 2008, in Crime No.46 of 2025 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant had approached the accused persons through instagram link expecting work from home job opportunity. Through the link, several tasks were given to the defacto complainant and in that connection, she had paid a sum of Rs.1,97,524/- through various online modes and NEFT. Hence, a case was registered.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any 2/8

offence as alleged by the prosecution. He, however, submitted that the petitioner is willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail.

4. The learned Government Advocate (Crl. side) submitted that there are no previous cases pending against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case, the nature of the offence, and also taking note of the fact that there are no previous cases pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

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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 of receipt of a copy of this order, before the learned Judicial Magistrate No.1, Virudhunagar, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with 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, Virudhunagar, failing which, the petition for 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;

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(b) the petitioner shall furnish her residential address and mobile number to the learned Judicial Magistrate No.1, Virudhunagar. In the event of any change in her residential address, the petitioner shall report the same to the learned Judicial Magistrate No.1, Virudhunagar;

(c)the petitioner is directed to deposit a sum of Rs.80,000/- (Rupees Eighty thousand only) to the credit of Crime No.46 of 2025 before the learned Judicial Magistrate No.1, Virudhunagar. On such deposit, the learned Judicial Magistrate No.1, Virudhunagar, shall accept the sureties furnished by the petitioner. After receipt of entire amount, the learned Judicial Magistrate No.1, Virudhunagar, 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 5/8

order/Judgment is passed in the case in Crime No. 310 of 2025. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment.

(d) the petitioner shall report before the respondent Police daily at 10.30 a.m., until further orders;

(e) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(f) the petitioner shall not abscond either during investigation or trial;

(g) 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 6/8

Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560] and;

(h) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

25.10.2025 vsg To 1.The learned Judicial Magistrate No.1, Virudhunagar.

2.The Inspector Of Police, CCW Virudhunagar, Virudhunagar District.

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

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S.SRIMATHY.J., vsg Crl.O.P.(MD).No.18514 of 2025 Date : 25.10.2025 8/8