M Selvaraj v. State of Tamilnadu Rep by

ORDER The petitioners/A1 and A2, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 316(2), 318(4), 296(b) and 351(2) of BNS, in connection with the case in Crime No.163 of 2026 on the file of the respondent police, seek anticipatory bail.

¶2The petitioners are husband and wife. The case of the prosecution is that the defacto complainant's wife, who is working as a Junior Assistant in the Police Commissioner Office, joined in a chit scheme run by the petitioners and after maturity of the chit amount to the tune of Rs.10 lakhs, the petitioners have not returned the said amount. Hence, the case.

¶3The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. According to him, the 1st petitioner has repaid the chit amount of Rs.5 lakhs to the defacto complainant. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.

¶4The learned Government Advocate (Criminal Side) opposed this petition stating that the petitioners are having four previous case, out of which, two cases are similar in nature.

¶5Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

¶6Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, 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 learned Judicial Magistrate No.V, Madurai, within a period of fifteen days from the date on which the order copy is made ready 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 Aadhaar card or bank pass book to ensure their identity; [b] the petitioners shall deposit a sum of Rs.75,000/- (Rupees seventy five thousand)each, to the credit of Crime No.163 of 2026 before the learned Judicial Magistrate No.V, Madurai. On such deposit being made, the learned Judicial Magistrate, shall accept the sureties produced by the petitioners. [c] the petitioners shall report before the respondent police daily at

10.30 a.m. for a period of one week and thereafter, as and when required for interrogation. [d]the petitioners shall not tamper with the evidence or witness either during investigation or trial; [e]the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners are 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]; [g] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS.

06.05.2026 ogy To

¶1The learned Judicial Magistrate No.V Madurai.

¶2The Inspector of Police, Madakulam Police Station, Madurai City, Madurai.

¶3The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. S.SRIMATHY,J. ogy

ORDER IN CRL OP(MD) No.9190 of 2026 Date : 06/05/2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 06/05/2026 CORAM THE HONOURABLE MRS. JUSTICE S.SRIMATHY 1. M.Selvaraj 2. Subbulakshmi ... Petitioners/ A1 and A2 Vs State through The Inspector of Police, Madakulam Police Station, Madurai City, Madurai. ... Respondent PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER : For Anticipatory Bail in Cr.No.163 of 2026 on the file of the Respondent Police. For Petitioners: Mr.BA.Muruganantham For Respondent : Mr.A.S.Abul Kalaam Azad, Government Advocate (Crl. side)