Anitha @ Anithalakshmi vs State

K.Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 09.10.2025, for the alleged offence punishable under Section 406 and 420 of IPC in Crime No.369 of 2024, on the file of the respondent police, seeks bail.

The allegation against this petitioner is that, the petitioner collected Rs.20 lakhs from the defacto complainant under the pretext of returning 4 crores of money to be invested in the name of the trust run by her. Subsequently, it was revealed that she made a false promise and collected the money.

The learned counsel appearing for the petitioner submitted that the petitioner is in incarceration from 09.10.2025 and she is a lady and in this case investigation has been concluded and the final report was filed and is ready to cooperate with the trial process. Hence, he prays to grant bail to the petitioner.

4.The learned counsel for the intervener submitted that huge amount has been swindled by the petitioner and if the petitioner is granted bail there is likelihood that it will hamper the trial process. Hence, he opposed to grant bail to the him.

The learned Government Advocate (Criminal Side) appearing for the respondent Police reiterated the prosecution case and submitted that the petitioner was arrested on 09.10.2025 and no money was recovered from the petitioner herein and the investigation now concluded and the final report was also filed. Hence, he opposed to grant bail to the him.

Heard both sides and perused the materials available on record including the First Information Report.

Considering the fact that the petitioner is being a lady and she is in incarceration from 09.10.2025 and though it is stated no money is recovered, considering the period of incarceration and the fact that investigation is concluded, this Court is inclined to grant bail to the petitioner.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, for a like sum to the satisfaction of the learned District Munsif Cum Judicial Magistrate Court, Madavaram, and on further conditions that:-

[a] 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 petitioner shall report before the respondent police daily at 10.30 a.m., for a period of three weeks.

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[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 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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.