P.Sasirekha v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-01-2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 394 of 2025 P.Sasirekha Petitioner(s) Vs The State represented By, The Inspector Of Police, M-6 Police Station, Manali, Chennai - 600 068.
Crime No.205 of 2024 Respondent(s) For Petitioner(s):
Mr.P.Satheesh Kumar For Respondent(s):
Mr.S.Santhosh Government Advocate (Crl.Side)
ORDER
Apprehending arrest in connection with Crime No.205 of 2024 registered for the offences punishable under Sections 406 and 420 of IPC, 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 submit that other then being a daughter of A-1, the petitioner has no role in this case and that she also married in the year 2010 and settled with her husband, was living separately and in order to recover money from A-1, the petitioners name was un-necessarily robed. He would submit that brother of the petitioner/A-3, who has no role was also arrested and still in custody. He would further submit that 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 had entered into an agreement of sale of a property, had received an amount of Rs.12,40,000/- as a sale consideration of an unregistered document from the defacto complainant and later, they refused to execute the sale deed and also refund the amount. He would submit that the accused has also sold the property to third parties. He would submit that A-1 is absconding, and his whereabouts was not known and the petitioner/A-2 is the daughter of A-1. He would further submit that A-3/son of A-1 was arrested and still in custody.
4. Heard the learned counsel for the petitioner, the learned Government Advocate (Criminal Side) for the respondent Police, and perused
the materials available on record, considering the facts and submissions of either side, 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, Tiruvotriyour, 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] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;
[b] the petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter, on every Saturday at 10.30 a.m until further orders;
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial;
A.D.JAGADISH CHANDIRA , J.
dsn [d] the petitioner 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 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.
24.01.2025 dsn 24.01.2025