S.Kanimozhy vs State Of Tamil Nadu

R.Vijayakumar, J

The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 420 & 506(1) of IPC in Crime No.132 of 2026 on the file of the respondent police, seeks anticipatory bail.

The case of the prosecution is that one Mutharasi had informed the defacto complainant that there was a vacant for the anganvaddi teacher in their jurisdiction and assured that if a sum of Rs.3,00,000/- is paid, she would get a job. On believing the words of Mutharasi, the defacto complainant and her daughter had given Rs.1,00,000/- to the accused persons. Since the accused persons had not given any appointment order, the defacto complainant had asked the accused persons to repay the said amount. But the petitioners had threatened the defacto complainant with criminal intimidation. Hence, this petition.

The learned counsel for the petitioner would submit that the petitioner is innocent and she has not committed any offence as alleged by the prosecution. He further submits that she has been falsely implicated in the case. Hence, he prays for the grant of anticipatory bail to the petitioners.

The learned Government Advocate (Crl. Side) fairly submits that investigation is still pending. Hence, he opposes the grant of anticipatory bail to the petitioner.

Heard both sides and perused the materials available on record.

The learned counsel appearing for the petitioner, on instructions, submits that the petitioner would deposit a sum of Rs.50,000/- to the credit of Crime No.132 of 2026 on the file of the Judicial Magistrate No.III, Tirunelveli.

Considering the rival submissions made on either side, the nature of the offences charged against the petitioner and in view of the undertaking given by the learned counsel for the petitioner that the petitioner would deposit a sum of Rs.50,000/- to the credit of Crime No. 132 of 2026 on the file of the Judicial Magistrate No.III, Tirunelveli, I am inclined to grant anticipatory bail to the petitioner subject to certain conditions.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, on condition that the petitioners shall 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 No.III, Tirunelveli, within a period of fifteen days from the date on which the order copy is made ready and on further conditions that:

[a] the petitioner 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 heir identity;

[b] the petitioner shall report before the respondent police on the 1st day of every 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 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S, 2023.