Pandimeena v. The State Of Tamilnadu Rep By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/11/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Pandimeena ... Petitioner/Accused No.2 Vs The State of Tamilnadu Rep By, The Inspector of Police, DCB, Theni District.
(Crime No. 30 of 2025) ... Respondent/Complainant For Petitioner : M/s.S.Manikandan, For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.30 of 2025 on the file of the respondent police 1/7
ORDER : The Court made the following order :- The petitioner/accused who apprehends arrest at the hands of the respondent police for the offences punishable under sections 316(4), 318(4) and 61(2) of BNS, in Crime No. 30 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the accused conspired to fraudulently obtain members' ID proofs, open bank accounts in their names, and misappropriate Rs.13,07,304/- through criminal breach of trust. It is further alleged that the petitioner used the KYC details of other members and defrauded the company of Rs.1,65,000/-, thereby obtaining loans totalling Rs.14,72,304/- using forged identity documents. Hence, the complaint.
3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail 2/7
to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that the accused fraudulently used members' ID proofs to obtain loans and misappropriate a total sum of Rs.14,72,304/-. Therefore, he opposed for grant of anticipatory bail to the petitioner.
5. According to the petitioner, the specific allegation against her is Rs.1,65,000/-, out of which she has already paid Rs.50,000/- to Alagammal and Rs.55,000/- to Murugeswari. She undertakes to deposit Rs.20,000/- at the time of furnishing surety and pay the remaining balance in equal instalments within five months. This undertaking is recorded. With regard to the allegation of Rs.13,00,000/-, the petitioner shall appear before the Investigating Officer and establish that she did not receive the said amount. Consideration the above facts, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, this Petition is allowed and the petitioner is 3/7
ordered to be released on bail in the event of arrest or her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Theni, Theni District, 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned 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 Aadhar card or Bank pass Book to ensure their identity;
(b) the petitioner shall deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) at the time of furnishing surety and pay the remaining balance in equal instalments within five months. With regard to the allegation of Rs.13,00,000/-, the petitioner shall appear before the Investigating Officer and establish that she did not receive the said amount.
(b) the petitioner shall report before the respondent 4/7
police daily at 10.30 a.m until further orders. She has to co-operate for the investigation;
(c) the petitioner shall not tamper with 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 petitioners 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 abscond, a fresh FIR can be registered under Section 269 of BNS 2023.
(S S Y J) 03.11.2025 jbr 5/7
TO
1. The Judicial Magistrate, Theni, Theni District.
2. The Inspector of Police, DCB, Theni District
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY,J jbr
ORDER
IN CRL OP(MD) No.19211 of 2025 Date : 03/11/2025 7/7