Mary Majila v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/01/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY

1. Mary Majila

2. Jerold Majila

3. Sasikumar

4. Anitha ... Petitioners/Accused Vs The State of Tamil Nadu, Rep By, The Inspector of Police, District Crime Branch, Kanniyakumari District.

Cr.No.29 of 2025. ... Respondent/Complainant For Petitioner : Mr.T.Wins For Respondent : Mr.A.S.Abul Kalaam Azad, Government Advocate (Crl.Side) 1/6

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.29 of 2025 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 120B, 420, 465, 468 and 471 of IPC, in Crime No.29 of 2025, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant learnd that his deceased brother had registered Shankar Chit Fund as a partnership firm and conducted several unregistered chits to earn money. At the time of registration, the complianant was working in Saudi Arabia. Later, without his consent, a resolution dated 14.06.2021 was passed, forging his signature and submitted to the District Registrar, Nagercoil, appointing the first accused as Managing Director. Hence, the case.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any 2/6

offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submitted that while the defacto complainant was abroad, his forged signature was used in a resolution dated 14.06.2021 to appoint the first accused as Managing Director of Shankar Chit Fund, which was submitted to the District Registrar, Nagercoil. Therefore, he opposed for grant of anticipatory bail to the petitioners.

5. The defacto complainant and the deceased husband of the first petitioner had jointly started a business. The allegation against the petitioners is that they forged the signature of the defacto complainant. However, the petitioners contend that the deceased husband had used the signature of his own brother, who is the defacto complainant. Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Petition is allowed and the petitioners are 3/6

ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Nagercoil, Kanniyakumari District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) each 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 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) the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of one month and thereafter, as and when required for interrogation. (c) the petitioners shall not tamper with evidence or witness either during investigation or trial; (d) the petitioners shall not abscond either during investigation or trial;

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(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) 05.01.2026 jbr TO

1. The Judicial Magistrate No.I, Nagercoil, Kanniyakumari District

2. The Inspector of Police, District Crime Branch, Kanniyakumari 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.23783 of 2025 Date : 05/01/2026 6/6