S.Nagavalli v. State Of Tamilnadu Rep By Inspector Of Police, Cbcid

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.11.2025

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 19364 of 2025 1.S.Nagavalli 2.R.Rajkumar ..Petitioner/ Accused Nos.4 & 8 Vs State Of Tamilnadu, Rep By The Inspector Of Police, CBCID, Virudhunagar South, Virudhunagar.

(Crime No.2 of 2025) Respondent(s) For Petitioner(s):

Mr.S.Ramasamy For Respondent(s):

Mr.S.S.Manoj, Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.2 of 2025 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioners/A4 and A8, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 406, 420 and 506(ii) of IPC, in Crime No.2 of 2025 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the defacto complainant was running the business of body building at Vembakottai. A1 in this case has approached him and introduced herself that she is founder of the trust namely, Niraimeni Trust and A2 and A3 also founder of PSK Trust and Nanbargal Uthavi Karangal Trust respectively. The petitioners and other accused have cheated the defacto complainant and collected a sum of Rs.1,30,00,000/- in various dates from his 2/9

relatives and friends.

Thereafter, the petitioners and other accused persons allegedly cheated the defacto complainant by failing to repay the said amount. Hence, a case was registered.

3. The learned counsel appearing for the petitioners submitted that the petitioners are an innocent persons and they have not committed any offence as alleged by the prosecution. He, however, submitted that the petitioners are 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 in this case, the petitioners and other accused persons allegedly cheated the defacto complainant by failing to repay the amount of Rs.1,30,00,000/-. There are no previous 3/9

cases registered against the petitioners. However, he opposed to grant anticipatory bail to the petitioners.

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 petitioners, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

6. Accordingly, this petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Virudhunagar, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- 4/9

(Rupees Ten Thousand only) each 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.II, Virudhunagar, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 Aadhar card or Bank pass Book to ensure their identity;

(b)each of the petitioners are directed to deposit a sum of Rs.2,00,000/- (Rupees two Lakhs only) to the credit of Crime No.2 of 2025 before the learned Judicial Magistrate No.II, Virudhunagar. On such deposit, the learned 5/9

Judicial Magistrate No.II, Virudhunagar, shall accept the sureties furnished by the petitioners. After receipt of entire amount, the learned Judicial Magistrate No.II, 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 order/Judgment is passed in the case in Crime No.2 of 2025. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment.

(c) the petitioners shall furnish his residential address and mobile number to the learned Judicial Magistrate No.II, Virudhunagar. In the event of any change in his residential address, the petitioners shall report the same to the learned Judicial Magistrate No.II, Virudhunagar;

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(d) the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders (e) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(f) the petitioners 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 petitioners 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) 7/9

AIR SCW 5560] and;

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

05.11.2025 vsg To 1.The learned Judicial Magistrate No.II, Virudhunagar.

2.The Inspector Of Police, CBCID, Virudhunagar South, Virudhunagar.

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.19364 of 2025 Date :05.11.2025 9/9