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Madras High CourtCRL OP(MD)/18876/2025granted

Sheeba v. State Of Tamilnadu Rep By Inspector Of Police, Marthandam

2025-10-29Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/10/2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Sheeba, D/o.Prakash ... Petitioner/A2 Vs The State of Tamil Nadu Rep. by the Inspector of Police, Marthandam Police Station, Kanyakumari District.

(Crime No.589 of 2021) ... Respondent/Complainant For Petitioner : Mr.Anto Prince G, Advocate For Respondent : Mr.S.S.Manoj, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.589 of 2021 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 420, 465, 468, and 471 of IPC, in Crime No.589 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that A1 has cheated the Bank by getting vehicle loan to the tune of Rs.14,20,000/- for which the petitioner has signed as surety. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and has not committed any offences as alleged by the prosecution, and she has been falsely implicated in this case. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. He further submitted that charge sheet has been filed. Hence, he seeks anticipatory bail for the petitioner.

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4. The learned Government Advocate (Criminal Side) submitted that charge sheet has been filed and the same was taken on file as C.C.No.941 of 2025. Further the prosecution has also issued notice. However, he opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that charge sheet has been filed and notice has been issued, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her 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.I, Kuzhithurai, Kanyakumari District, 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 3/6

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 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]; and [f] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

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To 1.The Judicial Magistrate No.I, Kuzhithurai, Kanyakumari District.

2.The Inspector of Police, Marthandam Police Station, Kanyakumari District.

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

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S.SRIMATHY,J PJL

ORDER

IN 29.10.2025 6/6