Mariya Vincent Vs The State of Tamilnadu Rep.by

The State of Tamilnadu, Rep by the Inspector of Police, Central Crime Branch (CCB), Madurai District. (Crime No.26 of 2025) ... Respondent / Complainant For Petitioners : Mr.A.Anandaraj For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor For Intervener : Mr.S.Sathyachidambaram in Crl.MP(MD).No.20221 of 2025 Mr.M.Alaudheen in Crl.MP(MD).No.20256 of 2025 Mr.J.Vivek in Crl.MP(MD).No.20277 of 2025 Mr.T.Wins

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https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.17412 of 2025

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in Crl.MP(MD).No.20220 of 2025

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Mr.A.Balaji, in Crl.MP(MD).No.15221 of 2025

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PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS

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PRAYER :- For Anticipatory Bail in Crime No.26 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :-

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The petitioners/accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023, in Crime No. 26 of 2025 on the file of the respondent police, seek anticipatory bail.

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The case of the prosecution is that the accused persons collected money from various persons on the promise of doubling the same within 200 days and, thereafter, cheated them. It is further alleged that when one of the victims demanded the return of money, the accused persons abused her in filthy language and threatened her with dire consequences. Hence, the complaint.

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CRL OP(MD). No.17412 of 2025

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The learned counsel for the petitioners submitted that the petitioners are innocent and have not committed any offence as alleged by the prosecution. He further submitted that this Court, by order dated 14.10.2025, had granted interim anticipatory bail to the petitioners, subject to the condition that each of them shall deposit a sum of Rs. 5,00,000/- (Rupees Five Lakhs only) to the credit of Crime No.26 of 2025 before the learned Judicial Magistrate No.I, Madurai, within a period of one week from the date of receipt of a copy of the said order. However, the petitioners were unable to comply with the said condition due to unavoidable circumstances. He further submitted that the petitioners are now ready to deposit the amount and seek further time for compliance. Hence, he prayed for grant of anticipatory bail to the petitioners.

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The learned Government Advocate (Criminal Side) submitted that this Court had already granted interim anticipatory bail to the petitioners, subject to the condition of depositing a specified amount to the credit of the crime number. However, the petitioners have not complied with the said condition. He further submitted that the

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petitioners have cheated various persons of huge amounts. Hence, he vehemently opposed the grant of anticipatory bail to the petitioners.

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The learned counsels appearing for the defacto complainants jointly submitted that the accused persons are continuously cheating various persons of huge amounts of money. Hence, they vehemently opposed the grant of anticipatory bail to the petitioners.

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Taking into consideration the facts and circumstances of the case, and also considering the undertaking given by the petitioners to deposit the amount, the interim anticipatory bail already granted is made absolute. This Court is inclined to grant anticipatory bail to the petitioners, subject to the condition that they shall deposit the original sale deed bearing Document No.6768 of 2014 and a sum of Rs.5,00,000/(Rupees Five Lakhs only) at the time of executing sureties, and a further sum of Rs.5,00,000/- (Rupees Five Lakhs only) within a period of six months from the date of executing sureties, to the credit of Crime No.26 of 2025 before the learned Judicial Magistrate No.I, Madurai. In the event of failure to comply with the above conditions, the respondent

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police are at liberty to proceed in accordance with law.

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Accordingly, this Petition is allowed and the petitioners are

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ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order made ready, before the learned Judicial Magistrate No.I, Madurai, 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:

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(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;

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(b) the petitioners shall report before the respondent police as and when required for interrogation;

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(c) the petitioners shall not tamper with evidence or witness either during investigation or trial;

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(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;

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

(S S Y J)

26.02.2026 (2/2)

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