- Court
- High Court of Madras
- Decided
- 8 July 2026
- Bench
- C.Kumarappan
- Case no.
- CRL OP 17056/2026
Judgment
O R D E R The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 318(3) and 318(4) of BNS, 2023, in Crime No.12 of 2026, on the file of the respondent Police, seeks anticipatory bail.
¶2The case of the prosecution is that the accused induced the de facto complainant to invest money by promising high returns through investment and trading activities, and thereafter dishonestly misappropriated the amount without returning either the principal investment or the promised returns. Hence, the case.
¶3The learned counsel for the petitioner submitted that the transaction between the petitioner and the de facto complainant is purely commercial in nature. She further submitted that the petitioner invested the said amount in ES Marketing Management FZ-LLC, located in Dubai. Hence, she prayed for the grant of anticipatory bail to the petitioner.
¶4The learned Government Advocate (Criminal Side) appearing for the respondent police opposed the anticipatory bail application and submitted that it was solely upon the inducement of the petitioner that the de facto complainant handed over jewellery to be pledged for raising funds. He further submitted that the petitioner has neither paid the promised profits nor returned the jewellery to the de facto complainant.
¶5Though the contention of the learned counsel for the petitioner prima facie appears to lack merit as there is no material proof on record to demonstrate the tracking of the money, considering the fact that the alleged occurrence took place on 11.11.2024 and that the FIR was registered only on
11.04.2026, this Court is of the firm view that, at this length of time, custodial interrogation of the petitioner is not required for the purpose of investigation. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions:
¶6Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on her appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Vacation Session Judge, Salem, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:
(a) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;
(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;
(c) the petitioner shall report before the respondent police twice a day at 10.30 a.m. and 05.30 p.m., until further orders;
(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];
(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.
08.07.2026 cda To
1.The Vacation Session Judge, Salem.
2.The Inspector of Police, CCB-Salem City Police Station, Salem District.
3.The Public Prosecutor, High Court of Madras.
C.KUMARAPPAN, J. cda
08.07.2026
Case details
Parties and counsel
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Anuraj ... Petitioner Vs. The State Represented by, The Inspector of Police, CCB-Salem City Police Station, Salem District. (Crime No.12 of 2026) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of her arrest in connection with Crime No.12 of 2026 on the file of respondent Police. For Petitioner : Ms.Neelavathi For Respondent : Mr.N.Palanivel, Government Advocate (Crl.Side)
Source: High Court of Madras, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.