DHIVYA v. State Of Tamilnadu Rep By Inspector Of Police, Mattuthavani
CRL OP(MD)/7114/2026 · 2026-04-30
P Dhanabal
Transfer Petitionbody2026
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[ 2026 DAILYLAW 23005 (MAD) · dailylaw.ai ]
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[ 2026 DAILYLAW 23005 (MAD) · dailylaw.ai ]
Judgment text
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CRL OP(MD). No. 7114 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 7114 of 2026 1.Dhivya, D/o.Sekar 2.Bakyalakshmi, W/o.Arunkumar ...Petitioners/A1 & A2
Vs State of Tamil Nadu rep. by The Inspector of Police, E-5, Mattuthavani Police Station, Madurai District. (Crime No.76 of 2026)
...Respondent/Complainant
For Petitioners : Mr.R.Senthil Kumar,
Advocate.
For Respondent : Mr.P.Kottaichamy, Government Advocate (Crl. Side) For Intervenor : Mr.P.Bala Subramanian, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/8 https://www.mhc.tn.gov.in/judis
CRL OP(MD). No. 7114 of 2026 PRAYER : For Anticipatory Bail in Crime No.76 of 2026 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioners/A1 & A2, who apprehend arrest at the hands of the respondent for the offences punishable under Sections 316(2), 318(4), and 351(2) of BNS, 2023, in Crime No.76 of 2026 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the 1st accused is running a travel agency under the name and style of “HD Consultancy” at Madurai. The de-facto complainant, along with two others, approached the said agency for securing employment abroad. Upon consultation with the 1st and 2nd accused, the de-facto complainant paid a sum of Rs.6,00,000/- (Rupees Six Lakhs only) to the 1st accused towards the entire visa process.
3. Thereafter, the de-facto complainant received a courier containing an agreement stating that he would be sent to Russia on a tourist visa, which would subsequently be converted into a work permit within a short period. Relying on the assurance given by the 1st accused, 2/8 https://www.mhc.tn.gov.in/judis
CRL OP(MD). No. 7114 of 2026 the de-facto complainant travelled to Russia. However, he was apprehended by the Russian police, who warned him not to remain in Russia as he had entered the country on a tourist visa.
4. Subsequently, the de-facto complainant attempted to contact the 1st accused to inform her of the situation, but the 1st accused did not respond to his calls. Thereafter, after a few days, the Russian police again warned the de-facto complainant and sent him back to India. When the de-facto complainant approached the company of the 1st accused seeking return of the amount, he was allegedly threatened with dire consequences. Hence, the present case.
5. The learned counsel for the petitioners would submit that the petitioners are innocent persons and have been falsely implicated in this case, and that they are in no way connected with the alleged occurrence. They have not committed any offence as alleged by the prosecution. The
learned counsel would further submit that the 1st petitioner is ready to deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) in favour of the de-facto complainant, a sum of Rs.1,00,000/- (Rupees One Lakh only) in 3/8 https://www.mhc.tn.gov.in/judis
CRL OP(MD). No. 7114 of 2026 favour of one of the victims, namely Balamurugan, and a sum of Rs.2,00,000/- (Rupees Two Lakhs only) in favour of another victim, namely Chinnadurai, and has also filed an undertaking affidavit before this Court to that effect. Hence, he prays for the grant of anticipatory bail to the petitioners.
6. The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the petitioners are alleged to have cheated the de-facto complainant and others, and also have criminally intimidated them. Hence, he opposes the grant of anticipatory bail to the petitioners.
7. Heard the learned counsel appearing on either side as well as the
learned counsel appearing for the intervenor and perused the materials available on record. 8. Considering the rival submissions made on either side, the nature of the offences alleged against the petitioners, the fact that the alleged occurrence is said to have taken place on 23.05.2025 and the 4/8 https://www.mhc.tn.gov.in/judis
CRL OP(MD). No. 7114 of 2026 First Information Report was registered only on 25.03.2026, and further taking into account that the 1st petitioner has filed an undertaking affidavit expressing her willingness to deposit amount in favour of the de-facto complainant and two other victims, this Court is inclined to grant anticipatory bail to the petitioners, subject to the following conditions: [a] Accordingly, the petitioners are ordered to be released on anticipatory bail on condition to 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.6, Madurai, and on further conditions that: [b] the 1st petitioner shall deposit a sum of Rs.4,00,000/- (Rupees Four Lakhs only) to the credit of Crime No.76 of 2026 before the learned Judicial Magistrate No.6, Madurai, within a period of fifteen days from the date of receipt of a copy of this order, and the said money has to be kept in a Fixed Deposit and at the 5/8 https://www.mhc.tn.gov.in/judis
CRL OP(MD). No. 7114 of 2026 time of final adjudication, the trial Court shall decide the payment as per the affidavit filed by the 1st petitioner; [c] the petitioners shall report before the respondent police once in a week i.e. on every Saturday at 10.30 a.m. until further orders; [d] the petitioners shall not commit any offences of similar nature. [e] the petitioners shall not abscond either during investigation or trial. [f] the petitioners shall not tamper with evidence or witness either during investigation or trial. [g] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with 6/8 https://www.mhc.tn.gov.in/judis
CRL OP(MD). No. 7114 of 2026 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].
[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
(P D B J)
30.04.2026 mkn
To 1.The Judicial Magistrate Court No.6, Madurai. 2.The Inspector of Police, E-5, Mattuthavani Police Station, Madurai District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 7/8 https://www.mhc.tn.gov.in/judis
CRL OP(MD). No. 7114 of 2026 P. DHANABAL, J. mkn
ORDER IN CRL OP(MD) No. 7114 of 2026 Date : 30.04.2026 8/8 https://www.mhc.tn.gov.in/judis