Lakshmi v. State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2025

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA

1. Lakshmi

2. Kalyana Sundram ... Petitioners Vs.

The State represented by The Inspector of Police, DCB, Perambalur Police Station, Perambalur District.

(in Crime No.15 of 2024) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners on bail in the event of their apprehending arrest at the hands of the respondent pending investigation in DCB, Perambalur in Crime No.15 of 2024 on the file of the respondent police. For Petitioners :

Mr.P.Krishna Moorthy For Respondent : Mr.S.Santhosh Government Advocate (Crl.side)

ORDER

Apprehending arrest in connection with Crime No.15 of 2024 registered for the offences punishable under Sections 417, 420, 468, 471 of IPC, the present petition has been filed seeking anticipatory bail.

2. Pleading innocence on the part of the petitioners, false implication in the case, learned counsel for the petitioners seeks indulgence of this Court. Learned counsel for the petitioners would submit that the petitioners, being the parents of A1 have nothing to do with the alleged offence and only to recover money from the petitioners, they have been falsely implicated in this case. He further submitted that the petitioners are ready and willing to abide by any stringent conditions that may be imposed by this Court.

3. The case of the prosecution as putforth by the learned Government Advocate (Crl.side) appearing for the respondent Police while opposing for grant of anticipatory bail to the petitioners would submit that A1 under the disguise of an IAS Officer assured for getting a job for the son of the defacto complainant and received a sum of Rs.18 Lakhs and thereafter, cheated the defacto complainant.

4. The learned counsel for the Intervenor while opposing for grant of anticipatory bail would submit that the petitioners have also

colluded with A1 and approached as parents of an IAS Officer.

5. Having heard the learned counsel for the petitioners, the learned counsel for the Intervenor and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions and accordingly the petitioners are ordered to be released on bail in the event of their arrest or on their appearance within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate-I Court at Perambalur, on condition that the petitioners shall execute a separate bond each 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 respondent Police or the Police officer who intends to arrest or to the satisfaction of the said Magistrate, on further condition that:

[a] if the petitioners failed to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;

[b] 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; [c] the petitioners shall not tamper with evidence or witness either during investigation or trial; [d] the petitioners shall not abscond 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 petitioners 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]; [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS.

09.01.2025 mn

To

1. The Inspector of Police, DCB, Perambalur Police Station, Perambalur District.

2. The Public Prosecutor, High Court of Madras.

A.D.JAGADISH CHANDIRA.,J.

mn 09.01.2025