A.Preethi v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-01-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 216 of 2025 A.Preethi W/o. Arunbabu, No, 80, Lakshmi Nagar, Periyar Street, Kerugambakkam, Kancheepuram District. Petitioner(s) Vs The State Rep by The Inspector of Police, T-14, Mangadu Police Station, Kanchipuram District.

Cr.No. 1012/2024 Respondent(s) For Petitioner(s):

Mr.Sriram P D For Respondent(s):

Mr.S.Santhosh Government Advocate (Crl.Side)

ORDER

Apprehending arrest in connection with Crime No.1012 of 2024 registered for the offences punishable under Sections 126(2), 296(b), 118(1) of BNS, 2023 r/w. Section 4 of TNPHW Act, the present petition has been filed seeking anticipatory bail.

2. Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this court. He would further submit that a case of financial dispute has been wrongly projected as a case of cheating and an exaggerated false compliant has been given and the petitioner is ready to abide by any stringent condition that may be imposed by this Court.

3. The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for the grant of anticipatory bail is that, the accused conducted an unregistered chit and the complainant had invested for a sum of Rs.1,20,000/- in 5 chits. He would submit that the amount invested in the chit fund was not repaid by the accused and when the defacto complainant asked him to return the money, A-1 abused and assaulted the defacto complainant with sticks and caused injuries. He would submit that injured now been discharged from the hospital. He would further submit that there is no previous case against the petitioner.

4. Having heard the learned counsel for the petitioner, the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, this court is inclined to grant anticipatory bail

to the petitioner with certain conditions.

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate Court for Exclusive Trial at Sriperambattur, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand Only) with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 his Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall report before the respondent police everyday at 10.30 a.m, for a period of one week and thereafter, as and when required for interrogation; [c] the petitioner shall not tamper with evidence or witness either during investigation or trial; [d] the petitioner shall not abscond either during investigation or trial;

A.D.JAGADISH CHANDIRA , J.

dsn [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 of B.N.S.

08.01.2025 dsn 08.01.2025