P Mathial Kavitha v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/12/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY P Mathial Kavitha, W/o.Pushpa Raj, ... Petitioner/Accused Vs The State of Tamil Nadu, Rep By, The Inspector of Police, Kulasekharam Police Station, Cr.No.300/2025..
... Respondent/Complainant For Petitioner : Mr.T. Sakthi Kumaran, For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.300 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 Sections 420, 409, 419, 424, 465, 468, 471 and 477A of the IPC, 1860, in Crime No.300 of 2024, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner, along with other accused persons, was employed at the Kulasekharam Branch of the NBFC and indulged in fabricating false and forged documents by portraying them as original and genuine documents of the said company. They allegedly created false accounts for the purpose of cheating, thereby fraudulently removing gold ornaments and committing criminal breach of trust, and thus cheated the company. Hence, the complaint.
3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. Hence, he seeks anticipatory bail to the petitioner.
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4. The learned Additional Public Prosecutor appearing for the respondent police submitted that the petitioner along with the other accused indulged in fabricating false and forged documents by portraying them as original and genuine documents of the company. They allegedly created false accounts for the purpose of cheating, thereby fraudulently removing gold ornaments and committing criminal breach of trust, and thus cheated the company. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner.
5. Taking into consideration of the facts and circumstances of the case and also the fact that if the petitioner is directed to deposit a sum of Rs.50,000/- to the credit of crime number, the same would suffice to grant anticipatory bail to the petitioner, with other conditions.
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 on which the order copy made ready, before the learned Judicial Magistrate Court II, Padmanabapuram, Kanyakumari District, on condition that the petitioner shall execute a bond for a sum of 3/7
Rs.10,000/- (Rupees Ten Thousand only) with two 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 Court II, Padmanabapuram, Kanyakumari District, 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;
(b ) the petitioner is directed to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the credit of Crime No.300 of 2025 before the learned Judicial Magistrate Court II, Padmanabapuram, Kanyakumari District. On such deposit, the Judicial Magistrate Court II, Padmanabapuram, Kanyakumari District, shall accept the sureties furnished by the petitioner. After receipt of entire amount, the learned Judicial Magistrate Court II, Padmanabapuram, Kanyakumari District, shall deposit the said amount in an interest bearing Fixed Deposit in any nationalized Bank initially for a period of one year 4/7
and renew them periodically until the final order/Judgment is passed in the case in Crime No.300 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 petitioner shall report before the respondent police daily at 10.30 a.m., until further orders. (d) the petitioner shall not tamper with evidence or witness either during investigation or trial; (e) the petitioner shall not abscond either during investigation or trial;
(f) 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 Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560] and;
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(g) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. (S S Y J) 15.12.2025 tta TO
1. The Judicial Magistrate Court II, Padmanabapuram, Kanyakumari District.
2.The Inspector of Police, Kulasekharam Police Station,
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY,J TTA
ORDER
IN CRL OP(MD) No.22865 of 2025 Date : 15/12/2025 7/7