Sudha v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/12/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY

1. Sudha

2. Babu ... Petitioners Vs The State of Tamil Nadu, Rep By, the Inspector of Police, District Crime Branch Police Station, Thanjavur District.

Cr.No.4 of 2018.

... Respondent/Complainant For Petitioner : Veerapandi.P, Advocate.

For Respondent : Mr.S.S.Manoj Government Advocate(Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- C-24AB. For Anticipatory Bail in Cr.No.4 of 2018 on the file of the respondent police.

ORDER : The Court made the following order :- 1/6

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 420, 468, 471, 406 of IPC (Sections 318(4), 336(3), 340(2), 316(2) of BNS) in Crime No.4 of 2018 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant lodged a complaint against the petitioners and other accused persons alleging that they promised that if the defacto complainant invested Rs.55,200/- in A1 Company, the A1 company would repay the amount of Rs. 2 lakhs. On such false promise, A1 company received a sum of Rs.55,200/- from the defacto complainant and never repaid the amount. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are ready and willing to abide by any 2/6

conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor submitted that A2 already arrested and released on bail. However, he opposed for grant of anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case, and considering the fact that the coaccused A2 already arrested and released on bail, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on condition that each of 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 Court No.II, Thanjavur, within a period of fifteen days from the date on which the order copy is 3/6

made ready and on further conditions 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 Aadhaar card or bank pass book to ensure their identity;

[b] the petitioners are directed to deposit a sum of Rs.10,000/- to the credit of Crime No.4 of 2018 before the learned Judicial Magistrate No.II, Thanjavur. On such deposit being made, the learned Magistrate shall accept the sureties furnished by the petitioners;

[c] the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders;

[d] the petitioners shall not tamper with the evidence or witness either during investigation or trial;

[e]the petitioners shall not abscond either during investigation or trial;

[f]On breach of any of the aforesaid conditions, the learned Magistrate/Trial 4/6

Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners are 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];

[g]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

05.12.2025 PJL TO

1. The Judicial Magistrate No.II, Thanjavur.

2. Do-Through The Chief Judicial Magistrate, Thanjore District.

3. The Inspector of Police, District Crime Branch Police Station, Thanjavur District.

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

5/6

S.SRIMATHY,J PJL

ORDER

IN CRL OP(MD) No.22342 of 2025 Date : 05/12/2025 6/6