Citation : 2026 Latest Caselaw 2679 Mad
Judgement Date : 21 May, 2026
CRL OP(MD). No. 9475 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 21.05.2026
PRESENT
THE HONOURABLE MR. JUSTICE R.VIJAYAKUMAR
CRL OP(MD). No. 9475 of 2026
G.Sumathi ...Petitioner/Accused -2
Vs
State of Tamil Nadu rep. by
The Inspector of Police,
Batlagundu Police Station,
Dindigul.
(Crime No. 213 of 2026 ) ...Respondent
For Petitioner : Mr.R.Sangeetha
Advocate.
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. 213 of 2026 on the file of the
1/7
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CRL OP(MD). No. 9475 of 2026
respondent police.
ORDER :
The Court made the following order :-
The petitioner, who apprehends arrest at the hands of the
respondent for the offences punishable under Section 318(4) of
BNS, 2023 in Crime No. 213 of 2026 on the file of the respondent
police, seeks anticipatory bail.
2. The case of the prosecution is that believing false promise
of A1 and A2, in order to obtain job abroad, the defacto
complainant paid a sum of Rs.5,00,000/- to A1. Later, A1 informed
the defacto complainant that a sum of Rs.6,00,000/- was sent to
her bank account in dollars. However, the complainant did not
receive the same. When the complainant questioned the same, A1
arranged a conference call to the alleged bank manager. Further as
per the instructions of the alleged bank manager, the complainant
made payment of Rs.5,45,000/- in various dates in order to receive
Rs.6,00,000/-. However, A1 neither secured employment nor
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returned the amount. Hence, the case.
3. The learned counsel for the petitioner would submit that
the petitioner is innocent and he was falsely implicated in this case
and he is no way connected in the above said incident. He has not
committed any offence as alleged by the prosecution. He would
further submit that entire transactions are between A1 and the
defacto complainant and there is no specific overt-act as against
the petitioner. Hence, he prayed to grant Anticipatory Bail to the
petitioner.
4. The learned Government Advocate (Crl. Side) would
submit that based on the complaint given by the defacto
complainant, a case has been registered for the offences
punishable under Section 318(4) of BNS, 2023 in Crime No. 213 of
2026. He would further submit that the investigation is pending
and the offences are grave in nature and hence, he opposed to
grant anticipatory bail to the petitioner.
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5. Heard both sides and perused the materials available on
record.
6. Considering the rival submissions made on either side and
the nature of offences charged against the petitioner, and
considering the facts that entire transactions are between A1 and
the defacto complainant and there is no specific overt-act as
against the petitioner, I am inclined to grant anticipatory bail to
the petitioner, subject to the following conditions:
[a] Accordingly, the petitioner is ordered to be
released on anticipatory bail on condition to 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, Nilakottai,
Dindigul, and on further conditions that:
[b] the petitioner shall report before the
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respondent police, on the first day of every English
Calender month at 10.30 a.m. until further orders;
[c] the petitioner shall not commit any offences of
similar nature.
[d] the petitioner shall not abscond either during
investigation or trial.
[e] the petitioner shall not tamper with evidence or
witness either during investigation or trial.
[f] On breach of any of the aforesaid conditions, the
learned Judicial 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].
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[g] If the accused thereafter absconds, a fresh FIR
can be registered under Section 269 B.N.S.
(R V J) 21.05.2026 apd
To
1.The Judicial Magistrate, Nilakottai, Dindigul.
2.The Inspector of Police, Batlagundu Police Station, Dindigul.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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R.VIJAYAKUMAR, J
apd
ORDER IN
Date : 21.05.2026
https://www.mhc.tn.gov.in/judis
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